EHCPs – a guide

 

An Education, Health and Care Plan (EHCP) is a legally binding document in England that outlines a child or young person’s (up to age 25) special educational, health, and social care needs and the specific support required to meet those needs. 

This page is intended as a basic guide to EHCPs, to help parents who are seeking to secure an EHCP for their child in need. If there is anything you would like to discuss about this information then please ask at Saturday Club. We can help, and can always signpost you to further information and help. 

🌟 What is an EHCP?

An Education, Health and Care Plan (EHCP) is a legally binding document for children and young people aged 0 to 25 who need more support than their school or college can normally provide.

An EHCP:

  • Describes a child or young person’s special educational needs (SEN)
  • Sets out the support they must receive
  • Includes relevant health and social care needs
  • Must be specific, detailed and enforceable

EHCPs were introduced in 2014 and replaced the old Statements of SEN and Learning Difficulty Assessments.

 

🧭 When is an EHCP needed?

Most children with SEN are supported through SEN Support in their school or college.

An EHCP may be needed when:

  • A child or young person is not making expected progress
  • The school or college has already put in place support but it is not enough
  • The child or young person needs specialist or intensive provision
  • There are complex needs involving education, health or social care

A local authority must issue an EHCP if the assessment shows that the child or young person needs special educational provision that cannot reasonably be provided from what is normally available in mainstream settings.

 

📝 Who can request an EHC needs assessment?

An assessment can be requested by:

  • A parent or carer
  • A young person aged 16–25
  • A school, college or early years setting

You do not need the school’s permission to make a request.

 

The EHCP Process: Step by Step

The whole process should take no more than 20 weeks from the date the local authority receives the request for an assessment.

 

1. Weeks 1–6: Request and decision to assess

  • The local authority receives a request for an EHC needs assessment.
  • They must decide within 6 weeks whether to assess.
  • If they refuse, they must explain why, and you have the right to appeal.

 

2. Weeks 6–12: The EHC needs assessment

The local authority gathers information from:

  • You and your child or young person
  • The education setting
  • An educational psychologist
  • Health professionals
  • Social care
  • Any other relevant specialists

Everyone asked for information must respond within 12 weeks of the original request.

 

3. Weeks 13–16: Decision whether to issue an EHCP

The local authority decides whether an EHCP is needed.

  • If they decide not to issue a plan, they must tell you by week 16.
  • You have the right to appeal.
  • If they decide to issue a plan, they prepare a draft EHCP.

 

4. Weeks 16–20: Draft and final EHCP

Draft EHCP

You will receive a draft plan and have 15 days to:

  • Comment on the content
  • Request changes
  • Say which school or college you want named

You can also request a meeting with the local authority.

Final EHCP

The local authority must issue the final EHCP by week 20.

 

What an EHCP Must Include

A legally compliant EHCP contains:

  • A: Views, interests and aspirations
  • B: Special educational needs
  • C: Health needs related to SEN
  • D: Social care needs related to SEN
  • E: Outcomes
  • F: Special educational provision (legally enforceable)
  • G: Health provision
  • H: Social care provision
  • I: Placement (school/college)
  • J: Personal budget (if agreed)
  • K: All the advice and evidence used

 

💷 Personal Budgets

If your child or young person has an EHCP, you may be able to request a personal budget for parts of the support in the plan.

This can be:

  • Direct payments (you receive the money)
  • A notional budget (held by the local authority or school)
  • A third‑party arrangement (managed by another organisation)

Personal budgets apply only to certain types of provision and must be agreed with the local authority.

 

⚖️ If You Disagree with a Decision

You can appeal to the SEND Tribunal if you disagree with:

  • A refusal to assess
  • A refusal to issue an EHCP
  • The description of needs
  • The provision in the plan
  • The placement named

You can request mediation before appealing, although mediation is optional.

 

🤝 Getting Support

Families can get free, independent help from:

  • SENDIASS (local SEND Information, Advice and Support Services)
  • National charities such as IPSEA and SOS!SEN
  • Local voluntary groups and parent‑carer forums

These services can help you understand the process, read draft plans, and prepare for meetings.

 

⚡ Quick Guide: EHCP Timeline at a Glance

Stage Deadline
Request received Week 0
LA decides whether to assess Week 6
Assessment completed Week 12
LA decides whether to issue a plan Week 16
Final EHCP issued Week 20

EHCP Myths – busted

Myth 1: You need the school’s permission to request an assessment.
Truth: Parents and young people can request directly.

Myth 2: A diagnosis is required for an EHCP.
Truth: No diagnosis is needed — the focus is on needs and provision.

Myth 3: The school decides whether you get an EHCP.
Truth: Only the local authority can decide.

Myth 4: EHCPs automatically last until age 25.
Truth: They continue only if the young person is in education or training and still needs special educational provision.

Myth 5: You can’t challenge the contents of a plan.
Truth: You can appeal Sections B, F and I.

❓ Frequently Asked Questions

Does my child need a diagnosis to get an EHCP?

No. A diagnosis is not required, but it will strengthen your case. The key question is whether your child needs special educational provision beyond what the school can normally provide.

Can I request an EHC needs assessment myself?

Yes. Parents and young people aged 16–25 can request an assessment directly from the local authority.

What if the school doesn’t agree with my request?

The school’s agreement is not required. The local authority must consider your request on its own merits.

How long does the EHCP process take?

The full process should take no more than 20 weeks from the date the local authority receives the request.

What happens if the local authority refuses to assess?

They must explain why. You can request mediation and/or appeal to the SEND Tribunal.

Can I choose the school named in the EHCP?

You can express a preference for a school or college. The local authority must name it unless certain legal exceptions apply.

What if I disagree with the draft EHCP?

You have 15 days to comment, request changes, and ask for a meeting.

Can an EHCP include health and social care support?

Yes. EHCPs include education, health and social care needs – but only Section F (education) is legally enforceable.

How often is an EHCP reviewed?

At least once every 12 months in an annual review.

Can an EHCP continue after age 19?

Yes – if the young person is still in education or training and still needs special educational provision..