If you’ve been told your child might need an EHCP — or you think they do but nobody at school seems to be listening — this guide is for you. The EHCP process is confusing, slow, and often adversarial. But understanding it gives you power, and knowing your rights means the system has to work for your child, not around them.
An Education, Health and Care Plan (EHCP) is a legal document that describes a child or young person’s special educational needs (SEN), the support they need, and the outcomes they’re working towards. It’s for children and young people aged 0-25 with SEN that cannot be met through the school’s standard SEN support (sometimes called “SEN Support” or the old “School Action Plus”).
When Should You Request an EHCP Assessment?
You should consider requesting an assessment if:
- Your child has been on SEN Support at school for a sustained period and isn’t making expected progress
- Your child has a diagnosed condition (autism, ADHD, dyslexia, physical disability, speech and language needs) that requires more support than the school can provide from its own budget
- Your child is struggling significantly despite interventions being in place
- You believe your child needs a specialist provision that requires an EHCP for admission
You don’t need the school’s permission to request an assessment. Under Section 36 of the Children and Families Act 2014, parents have a legal right to request an EHC needs assessment at any time. The local authority must respond within 6 weeks.
Step 1: Requesting the Assessment
Write to the SEN team at your local authority. Your letter should include:
- Your child’s name, date of birth, and school
- A clear statement that you are requesting an EHC needs assessment under Section 36 of the Children and Families Act 2014
- A summary of your child’s needs and why you believe they cannot be met through SEN Support alone
- Any reports you have (educational psychologist, speech and language, occupational therapy, CAMHS, paediatrician)
- Evidence of what the school has already tried and why it hasn’t been sufficient
Send it by email AND recorded delivery post. Keep copies of everything. Start a folder — you’ll need it.
Step 2: The Decision to Assess (6 Weeks)
The local authority has 6 weeks to decide whether to carry out an assessment. They must agree to assess if there is evidence that your child may have SEN, and that it may be necessary for special educational provision to be made through an EHCP.
If they refuse, they must give you written reasons and tell you about your right to appeal to the SEND Tribunal. Many refusals are overturned on appeal. IPSEA and SOS!SEN offer free legal advice on appeals.
Step 3: The Assessment Itself (6 Weeks)
If they agree to assess, the local authority gathers evidence from:
- You (your parental views are legally required and carry significant weight)
- Your child (their views and wishes)
- The school (a detailed report on needs and provision)
- An educational psychologist (the LA will commission this)
- Health professionals (paediatrician, SALT, OT, CAMHS)
- Social care (if relevant)
This phase should take no more than 6 weeks. In reality, it often takes longer because the LA has to chase reports from health professionals. Chase them yourself too — you have every right to.
Step 4: The Decision to Issue (16 Weeks Total)
The LA must decide within 16 weeks of your original request whether to issue an EHCP or not. If they decide not to, you can appeal. If they decide to issue, they produce a draft plan.
Step 5: The Draft Plan (You Have 15 Days)
You’ll receive a draft EHCP. Read it extremely carefully. Check that:
- Section B (needs) accurately describes ALL of your child’s SEN — not just the ones the school has flagged
- Section F (provision) is specific and quantified — “regular speech therapy” is not good enough. It should say “2 hours per week of direct speech and language therapy delivered by a qualified SALT”
- Section I (school placement) — this is where you name your preferred school or provision. You have 15 days to respond
Do not accept vague wording. The EHCP is a legally binding document. If it says “access to” or “opportunities for” instead of specific hours and specific professionals, it’s not enforceable.
Step 6: Final Plan (20 Weeks Total)
The final EHCP must be issued within 20 weeks of your original request. The named school must admit your child unless they can prove it would be incompatible with the efficient education of other children and there are no reasonable steps they can take.
What If You’re Not Happy with the Final Plan?
You can appeal to the SEND Tribunal on Sections B, F, and I of the plan (needs, provision, and placement). The Tribunal is free to use and you don’t need a solicitor — though organisations like IPSEA, SOS!SEN, and your local Parent Carer Forum can provide advice and sometimes representation.
Roughly 90% of SEND Tribunal appeals are decided in favour of the parent. This tells you something about the quality of many EHCPs as initially drafted.
Timeline Summary
- Week 0: You submit your request
- Week 6: LA decides whether to assess
- Week 12: Assessment evidence gathered
- Week 16: LA decides whether to issue
- Week 16-18: Draft plan sent to you (15 days to respond)
- Week 20: Final EHCP issued
20 weeks feels like forever when your child is struggling. But knowing the timeline means you can chase at every stage — and the LA knows you know your rights.
Free Support and Resources
- IPSEA (ipsea.org.uk) — free legal advice on SEN and EHCPs
- SOS!SEN (sossen.org.uk) — free advice line and tribunal support
- Your local Parent Carer Forum — find yours at Contact (contact.org.uk)
- Council for Disabled Children — information and resources
- SEND Tribunal — free to use, no solicitor needed
Join our SEN & Additional Needs forum to connect with other parents going through the EHCP process. You don’t have to do this alone.
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