What Is an EHCP?
An Education, Health and Care Plan (EHCP) is a legal document for children and young people aged 0-25 in England who need extra support beyond what their school can normally provide. It describes your child's needs and the support they must receive.
An EHCP Should Include:
- Your child's strengths and interests
- Their special educational needs (learning difficulties, disabilities)
- Health needs (therapy, medical support)
- Social care needs (if applicable)
- The outcomes you want for your child
- Specific provision they will receive (therapies, 1-1 support, equipment)
- Which school/setting is named
Who Needs an EHCP?
Not every child with additional needs requires an EHCP. Your child might need one if:
- They have complex or severe needs that can't be met through normal school resources
- They need specialist equipment, therapies, or significant 1-1 support
- Current support (SEN Support) isn't working
- They're at risk of exclusion due to their needs
- They need a specialist school placement
✓ The Legal Threshold:
To get an EHCP, your child's needs must be:
- Significant: More than can be met through normal school resources
- Long-term: Not temporary difficulties
- Require special provision: Beyond "quality first teaching"
Important: Just because your child has a diagnosis (autism, ADHD, dyslexia, etc.) doesn't automatically mean they'll get an EHCP. It's about the impact on their education and what support they need.
Why Apply for an EHCP?
Benefits of Having an EHCP:
- ✅ Legal protection: School MUST provide what's in the plan
- ✅ Funding: School gets extra money for your child's support
- ✅ Specific provision: Hours of support, therapies written down
- ✅ Choice of school: You can request specialist schools
- ✅ Annual reviews: Regular checks that support is working
- ✅ Right to appeal: If you disagree, you can go to tribunal
Before You Apply
The EHCP process can take 20 weeks (legally) but often longer. Preparation is key.
📁 Gather Your Evidence
You'll need to show your child's needs and that current support isn't enough. Collect:
- School reports: IEPs, progress reports, incident logs
- Medical reports: Diagnosis letters, consultant reports
- Therapy reports: Speech therapy, OT, physio, CAMHS
- Educational assessments: Ed Psych reports if school has done one
- Your own records: Diary of incidents, concerns, what you've tried
- Correspondence: Emails/letters with school about concerns
- Examples of work: Showing struggles or lack of progress
✓ Write a Parent Statement
This is YOUR voice in the application. Include:
- Your child's strengths: What they're good at, what they enjoy
- Their difficulties: At school, at home, in the community
- Impact on learning: How needs affect education
- What's been tried: Strategies, interventions, support so far
- Why it's not working: Evidence that more is needed
- What you want: Outcomes and provision you're asking for
Keep it factual but personal. Use real examples: "During math lessons, X becomes overwhelmed and leaves the classroom 3-4 times per week."
🤝 Talk to School First
Legally, you can apply yourself (see next page), but it helps if school is on board:
- Request a meeting: Explain your concerns and ask if they'll apply
- Bring evidence: Show why you think an EHCP is needed
- Ask what they've tried: What interventions, assessments, support?
- Be clear: "I'd like you to request an EHCP assessment"
If school refuses: They should explain why and what else they'll try. If you disagree, you can apply yourself (parental request).
⚖️ Know Your Rights
- ✅ You can apply directly without school agreement
- ✅ The Local Authority (LA) must consider all requests
- ✅ You have a right to appeal if refused
- ✅ Your child should stay in school during the process (unless unsafe)
- ✅ You can get free independent support (see resources page)
The Application Process: Step by Step
1
Submit Your Request
Who applies: School (with your input) OR you directly (parental request)
Where to send it: Your Local Authority's SEND team (find contact on council website)
What to include:
- Completed request form (available from LA website)
- Your parent statement
- All evidence (reports, assessments, letters)
- Recent school reports
Tip: Send by recorded delivery and keep copies of everything.
2
Wait for LA Decision (6 weeks)
The Local Authority has 6 weeks to decide whether to assess.
They will either:
- ✅ Agree to assess: Process continues
- ❌ Refuse: They'll explain why (you can appeal—see page 6)
During this time: Keep a diary of ongoing difficulties. Chase the LA if you hear nothing by week 5.
3
Assessment Period (12 weeks)
If agreed, the LA gathers advice from professionals:
- Educational: School/SENCO, Educational Psychologist
- Medical: GP, paediatrician, specialist doctors
- Social care: If relevant
- Health: Speech therapist, OT, physio, CAMHS
- You: Parent views (your statement)
- Child: Your child's views (age-appropriate)
Your role: Respond quickly to any requests. Chase professionals if reports are delayed.
4
Draft EHCP Issued (2 weeks)
LA decides whether to issue an EHCP.
- ✅ EHCP granted: You receive a draft plan
- ❌ Refused: They send reasons (you can appeal)
If granted: You have 15 days to comment on the draft and request changes.
5
Final EHCP Issued (20 weeks total)
After considering your feedback, LA issues the final EHCP.
What happens next:
- School must implement the support in the plan
- Annual reviews every year to check progress
- You can request changes at any time if needs change
⚠️ Reality Check:
Legally the process should take 20 weeks. In reality, many LAs take 30-40+ weeks. You can complain if they miss deadlines, but it won't speed things up much. Be prepared for a long wait.
Reviewing the Draft EHCP
This is your chance to make sure the plan is right. Don't just accept it—check carefully.
📋 What to Check
| Section |
What to Check |
| Section A: Your views |
Is your child accurately described? Are their strengths included? |
| Section B: SEN |
Are ALL needs listed? Is it specific, not vague? |
| Section C: Health needs |
Medical conditions, therapy needs included? |
| Section D: Social care |
If relevant, is support listed? |
| Section E: Outcomes |
Are they SMART? (Specific, Measurable, Achievable, Relevant, Time-bound) |
| Section F: Provision |
MOST IMPORTANT: Is provision specific and quantified? |
| Section I: School |
Is the right school named? (Or type of school specified) |
🚨 Red Flags in Section F (Provision)
Section F is the MOST important because it's what school MUST provide. Watch out for vague wording:
| ❌ Vague (Bad) |
✅ Specific (Good) |
| "Access to support" |
"15 hours per week of 1-1 TA support" |
| "Speech therapy as needed" |
"30 minutes weekly individual speech therapy with qualified SLT" |
| "Small group work" |
"Daily 20-minute literacy intervention in groups of 4 with trained TA" |
| "A quiet space when needed" |
"Access to designated sensory room for 15 mins when dysregulated" |
| "Reasonable adjustments" |
"Use of laptop for all written work, extra time in exams (25%)" |
Why this matters: Vague wording means school can say they're meeting the EHCP even if they're doing nothing. Be specific!
✏️ Requesting Changes
You have 15 days to respond to the draft. Write to the SEND team:
- Be specific: "Section F, page 4: change 'access to support' to '10 hours weekly 1-1 TA support'"
- Explain why: "This is needed because X struggles to..."
- Provide evidence: "As noted in the OT report (attached)"
- Request everything: Don't hold back—you can negotiate later
Send by email AND recorded post. Keep evidence you sent it.
Naming a School (Section I)
Choosing the right school is crucial. This section determines where your child will be educated.
🏫 Your Options
- Current mainstream school: If they can meet needs with EHCP support
- Different mainstream school: With better resources/experience
- Specialist school or unit: For children with complex needs
- Independent/private school: LA must fund if it's the only suitable placement
- Home education: Rarely, if no suitable school available
⚠️ School Placement Rules:
The LA must name your preferred school unless:
- It's unsuitable for your child's age, ability, aptitude, or SEN
- It would be incompatible with efficient education of other children
- It would be an inefficient use of resources
Burden of proof is on the LA to show why they can't name your choice. If they refuse, you can appeal.
🔍 Visiting Schools
Visit potential schools and ask:
- Have you supported children with similar needs before?
- What training do staff have (autism, ADHD, trauma, etc.)?
- What does a typical day look like for a child with an EHCP?
- How do you communicate with parents?
- What happens if my child becomes dysregulated?
- Can I see the sensory/calming spaces?
- What therapies are available on-site?
- What are the class sizes?
Trust your instincts. If the school feels wrong, it probably is.
💰 Independent Schools
LA must consider independent schools if mainstream can't meet needs. To request one:
- ✅ Visit and get written confirmation they can meet needs
- ✅ Provide evidence mainstream schools have failed/can't cope
- ✅ Show the specialist provision needed isn't available locally
- ✅ Include school's prospectus, fees, and suitability report
LA will push back on cost—be prepared to argue that it's appropriate provision, and mainstream has demonstrably failed.
If You Disagree: Appeals & Tribunals
If the LA refuses assessment, refuses an EHCP, or issues a plan you disagree with, you have options.
⚖️ Your Rights to Appeal
You can appeal to the SEND Tribunal about:
- Refusal to assess your child
- Refusal to issue an EHCP after assessment
- The content of Sections B, F, or I (needs, provision, school)
- Refusal to change/amend the EHCP when you've requested it
- Decision to cease (stop) the EHCP
You CANNOT appeal about: Sections A, C, D, E, H (though you should still challenge these with the LA)
📋 The Appeal Process
Step 1: Try Mediation First (Compulsory)
Before appealing, you must contact a mediation service. You can either:
- Attend mediation: Meet with mediator and LA to try to resolve
- Get a certificate: Decline mediation but get certificate allowing you to appeal
Time limit: Must do this within 2 months of LA decision.
Step 2: Register Appeal with Tribunal
If mediation fails (or you declined), register appeal with SEND Tribunal:
- Complete appeal form (available on GOV.UK)
- Attach mediation certificate
- Include all evidence
- State clearly what you want changed
Time limit: Must appeal within 1 month of mediation certificate or end of mediation.
Step 3: Working Document Stage
LA must send you a "working document" showing their position. You respond with your evidence.
Step 4: Hearing
Tribunal hearing (usually in person). You present your case, LA presents theirs. Panel decides.
Good news: Parents win approximately 90% of SEND tribunal cases (or LA concedes before hearing).
✓ Tribunal Tips:
- Get support: IPSEA, SOS!SEN, local parent groups (see resources)
- Gather evidence: Independent reports strengthen your case
- Be specific: What exactly do you want in the EHCP?
- Stay factual: Focus on child's needs, not emotions
- Don't be scared: Tribunal is less formal than court, panels are fair
⚠️ Before Tribunal:
Many LAs will concede (give you what you want) shortly before the hearing to avoid costs. Don't give up early—LA often only moves when they see you're serious about tribunal.
Helpful Resources
🇬🇧 Free SEND Support Organizations:
- IPSEA (Independent Provider of Special Education Advice)
www.ipsea.org.uk | 0800 018 4016
Free legally-based advice, tribunal support, template letters
- SOS!SEN
www.sossen.org.uk | 020 8538 3731
Free independent SEND advice and support
- Contact (for families with disabled children)
contact.org.uk | 0808 808 3555
Helpline, resources, parent support
- National Autistic Society
www.autism.org.uk | 0808 800 4104
SEND advice, education rights
- IPSEA's Tribunal Helpline
0800 018 4016 | Free support preparing for tribunal
- SEND Mediation Helpline
0800 064 4488 | Arranges compulsory mediation
📚 Essential Documents:
- SEND Code of Practice 2015: The legal framework (download from GOV.UK)
- Tribunal information: www.gov.uk/courts-tribunals/first-tier-tribunal-special-educational-needs-and-disability
- IPSEA template letters: Request forms, appeal letters, complaint templates
✓ Top Tips for Success:
- Keep everything: Emails, letters, reports, diary of incidents
- Communicate in writing: Follow up phone calls with emails
- Know your deadlines: Miss them and you lose your rights
- Be persistent: LAs count on parents giving up
- Join support groups: Facebook groups, local parent forums
- Don't do it alone: Get free advice from IPSEA/SOS!SEN
- Look after yourself: This process is exhausting—pace yourself
Final Thoughts
Applying for an EHCP is hard. The system is designed to be bureaucratic and exhausting. But you are not alone, and you CAN do this.
Your child deserves the right support. You are their best advocate. Don't give up.
Even when it feels impossible, even when the LA pushes back, even when you're exhausted—keep going. Parents win tribunals because they don't quit.
You've got this. 💜