If your child has just been flagged by their school, or you're up late searching for answers, you're in the right place. An EHCP — an Education, Health and Care Plan — is a legal document that sets out exactly what support your child is entitled to. This guide explains what it is, who qualifies, and how to get one. No jargon. No assumptions. Just clear, honest information from someone who has worked in this system for 25 years.
What Does EHCP Stand For?
EHCP stands for Education, Health and Care Plan. It replaced the old Statement of Special Educational Needs in 2014, and it covers a much broader range of needs — not just education, but also health and social care support all in one document.
The key word is plan. An EHCP is not just a list of problems. It describes your child's strengths, their needs, and — most importantly — the specific support that must be put in place to meet those needs. The support written into an EHCP is legally binding. The local authority and school must provide it.
What Does an EHCP Actually Contain?
An EHCP is structured into eleven sections, labelled A through K. Here is what each one covers:
Section A
Your Child's Views & Aspirations
What your child wants from life — in their own words where possible.
Section B
Special Educational Needs
A detailed description of your child's learning difficulties and disabilities. This is the most important section — it must be specific.
Section C
Health Needs
Any health conditions that affect your child's ability to access education.
Section D
Social Care Needs
Social care needs related to your child's SEND.
Section E
Outcomes
The specific goals your child is working towards — what success looks like.
Section F
Educational Provision
The exact support that must be provided — hours, frequency, type of support. Must be specific and quantified. This is the section that makes the difference.
Section G
Health Provision
Health services — like speech therapy or occupational therapy — that must be provided.
Section H
Social Care Provision
Any social care services the local authority must arrange.
Section I
School & Placement
The name of the school or setting where your child will be educated. You have the right to request a specific school.
Section J
Personal Budget
If you have requested a personal budget to commission some services yourself.
Section K
Appendices
All the professional reports and advice gathered during the assessment — educational psychologist reports, SALT reports, medical letters, and so on.
What parents often don't realise
Section F — the educational provision — is the section that actually protects your child day to day. It must be specific and quantified: how many hours of support, by whom, how often. A vague Section F ("access to support as required") is almost worthless. If yours looks like this, it's worth getting it reviewed.
Who Can Get an EHCP?
EHCPs are available for children and young people aged 0 to 25 who live in England. There is no lower age limit — even very young children in nursery or pre-school can have an EHCP if their needs are significant enough.
The legal threshold is that your child must have special educational needs or a disability (SEND) that requires educational provision different from, or additional to, what is normally available. The critical phrase the law uses is that the provision must go beyond what the school can reasonably provide from its own resources — known as the school's notional SEN budget.
There is no automatic right to an EHCP based on a diagnosis alone. What matters is the impact of the need on your child's learning, and whether a mainstream school can meet those needs without additional, ring-fenced resource.
What Conditions or Needs Qualify?
There is no fixed list of qualifying conditions. The law focuses on needs, not diagnoses. That said, children with the following conditions frequently have — or are entitled to — an EHCP:
- Autism Spectrum Condition (ASC/ASD)
- Attention Deficit Hyperactivity Disorder (ADHD)
- Dyslexia, dyspraxia, dyscalculia (significant learning difficulties)
- Cerebral palsy and other physical disabilities
- Sensory impairments — visual or hearing impairment
- Speech, language and communication needs (SLCN)
- Developmental delay and global developmental delay
- Mental health conditions affecting school attendance or learning
- Rare conditions and complex medical needs
- Emotionally Based School Avoidance (EBSA) linked to underlying SEND
The key question is always: can a mainstream school meet this child's needs without an EHCP? If the answer is no, an EHCP is likely appropriate.
How Do You Apply for an EHCP?
The formal process begins with a request for an EHC needs assessment. This is the gateway — the local authority decides whether to carry out a full assessment before deciding whether to issue a plan.
Who can request an assessment?
- You, as the parent or carer (you do not need the school's permission)
- Your child's school, nursery or college
- A doctor or other healthcare professional
- A young person over 16 can request for themselves
What happens next?
Once the request is received, the local authority (LA) has 6 weeks to decide whether to carry out an EHC needs assessment. They must notify you of their decision in writing. If they decide to assess, they will gather evidence from your child's school, health professionals, and you as a parent. You have the right to submit your own parental evidence, and I strongly encourage every parent to do so.
Tip: Write a detailed parental evidence statement before you apply. Describe the impact of your child's needs on their daily life — at home, at school, socially. The more specific and evidence-based your submission, the stronger your case.
What Happens After You Apply? The 20-Week Timeline
From the date the LA receives your request for an EHC needs assessment, the whole process — from request to final EHCP — must be completed within 20 weeks. Here are the key milestones:
- Week 0: You submit your request for an EHC needs assessment
- Week 6: LA must decide whether to assess — and tell you in writing
- Week 6–16: LA gathers evidence (educational psychologist assessment, advice from health, social care, school, and parents)
- Week 16: LA must send you a draft EHCP for you to comment on
- Week 20: Final EHCP must be issued, naming the school
Important: Local authorities frequently miss the 20-week deadline. This is a legal breach. If your LA is running late, note the dates and push back in writing. If you need support holding the LA to account, this is exactly what our application support service is here for.
What If the LA Says No?
Local authorities can refuse at two points: they can refuse to carry out an assessment, or they can carry out an assessment but decide not to issue an EHCP. Both decisions can be appealed.
If you receive a refusal, you have the right to appeal to the First-tier Tribunal (SEND) — known as the SEND Tribunal. This is an independent judicial body. In the majority of well-prepared appeals, parents are successful.
You must register your appeal within two months of the refusal decision. Before going to Tribunal, the LA will offer mediation — this is compulsory to consider (though not to attend). You need a mediation certificate before you can lodge a Tribunal appeal.
We have written a detailed guide to the appeal process: What to do if your EHCP application is refused.
What is SEN Support — and When Do You Need an EHCP Instead?
Before an EHCP, most children with additional needs receive what is called SEN Support — a school-level package of help funded from the school's own budget. Schools are expected to follow a "graduated approach": assess, plan, do, review.
SEN Support can be effective for children with moderate, well-understood needs. But it has a crucial weakness: it is not legally binding. A school can scale it back if budgets are tight. There is no guarantee of consistency, and there is no independent right of appeal if the support is removed.
You should consider applying for an EHCP if:
- Your child has been on SEN Support for some time but is not making adequate progress
- The school says it cannot meet your child's needs without more resource
- Your child needs specialist provision that the school cannot provide — specialist teaching, therapies, a specialist setting
- You need legal protection to ensure support is maintained and cannot be quietly reduced
- Your child's needs are complex, involve multiple agencies, or are not well-understood
The Difference an EHCP Makes
An EHCP changes everything, practically. Here is what it gives your family that SEN Support cannot:
- Legally binding provision — the LA and school must provide exactly what Section F says. If they don't, you can enforce it.
- A named school — Section I names a specific school. If you want your child in a particular specialist provision or mainstream school, this is how you secure it in law.
- Parental preference — you have the right to request a specific school. The LA must comply unless they can show it is unsuitable for your child's needs, incompatible with other children's education, or an inefficient use of resources.
- Annual reviews — the EHCP must be formally reviewed every year. You have a guaranteed opportunity to push for more support as your child's needs change.
- Right of appeal — if you disagree with what the LA puts in the EHCP, or where it says your child should go to school, you can appeal to the SEND Tribunal.
- Continuity to age 25 — support can continue into further education and beyond, up to age 25 for those in education or training.
How SEND Navigate Can Help
Applying for an EHCP is one of the most stressful things a parent can navigate. The paperwork, the jargon, the timelines — and all while you're worried about your child. This is exactly why SEND Navigate exists.
£250
EHCP Application Support
We work with you to prepare a strong, evidence-based EHC needs assessment request — including help with your parental evidence statement and what to expect at each stage. One-off payment. No retainer.
£75/mo
Ongoing Subscription Support
For families who want continuing support throughout the process — reviewing draft EHCPs, preparing for annual reviews, chasing timelines, and being ready if an appeal becomes necessary. Cancel any time.
15 minutes, no pressure — just honest answers about where you stand.
Frequently Asked Questions
How long does it take to get an EHCP?
From the moment you apply for an EHC needs assessment, the local authority has 20 weeks to complete the full process and issue a final EHCP — if they decide your child needs one. Within the 20 weeks there are several key deadlines, including 6 weeks to decide whether to assess, and 16 weeks to issue a draft plan. In practice, many LAs run late, and chasing these deadlines is an important part of the process.
Does my child need a diagnosis to get an EHCP?
No. A diagnosis is not required. The legal test is whether your child has significant learning difficulties or disabilities that require provision beyond what a school can reasonably provide from its own budget. Many children receive EHCPs without a formal diagnosis, and many children with diagnoses do not qualify — it is always about the impact of the need on learning.
Can I apply for an EHCP myself, or does it have to be the school?
You can apply yourself, directly to your local authority. You do not need the school's permission or agreement to do so. Schools, doctors, and other professionals can also refer, but the right belongs to you as a parent. A written request to the SEN team at your local authority is all it takes to start the clock.
What happens if my child moves to a different local authority area?
If you move to a new local authority, the new LA must transfer your child's EHCP within 15 school days. They must then review it within three months of the transfer. The EHCP does not stop simply because you move house — though in practice, transitions like this can be stressful and worth getting specialist support for.
Can an EHCP be for a child in mainstream school?
Absolutely. EHCPs are not just for special schools. Many children with EHCPs attend mainstream primary and secondary schools, with the plan specifying what extra support and resources the school must put in place — teaching assistant hours, specialist equipment, small group interventions, and so on. Whether a mainstream or specialist school is the right fit is a separate question from whether an EHCP is needed.
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Stephen Mallett — Former Headteacher, SENCo & SEND Parent
Stephen has 25 years' experience working in the SEN system — as a class teacher, SENCo, and Headteacher. He is also the parent of two children with SEND, which means he understands this process from the inside out. He founded SEND Navigate to give families the clear, expert guidance he wished he'd had access to as a parent. He offers a free 15-minute introductory call to all families — no pressure, no jargon.
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