If your child needs more support than their school can provide from its ordinary resources, an Education, Health and Care Plan (EHCP) may be the next step. The EHCP application process has a reputation for being complicated, but understanding the stages, the timescales and your rights as a parent makes it far more manageable.
What is an EHCP?
An EHCP is a legal document for children and young people aged 0 to 25 who have special educational needs that cannot be met through the support ordinarily available. It describes your child's needs, the outcomes being worked towards, and, crucially, the specific provision that must be put in place. Once a plan is finalised, the local authority has a legal duty to deliver the support written into it.
Does my child need an EHCP?
Most children with SEND are supported through SEN support in school: the graduated cycle of assess, plan, do and review, led by the class teacher and SENCO. An EHCP becomes relevant when a child's needs are greater or more complex than SEN support can meet, or when progress is not being made despite the school's best efforts. Importantly, your child does not need a formal diagnosis to be assessed for an EHCP. The process looks at needs, not labels.
Step 1: Request an EHC needs assessment
The process starts with a request to your local authority for an EHC needs assessment. Schools often make this request, but parents have the legal right to request one themselves, and so do young people over 16. A short letter or email to the local authority's SEND team is enough, though including evidence makes a real difference: school reports, examples of support already tried, and a description of the impact your child's needs have on daily life and learning.
Step 2: The decision to assess
The local authority has six weeks to decide whether to carry out an assessment. The legal test is deliberately low: does the child have, or possibly have, special educational needs, and might they need provision through an EHCP? If the answer to both could be yes, an assessment should follow.
Step 3: The needs assessment
During the assessment, the local authority gathers advice from everyone involved in your child's life: you, your child, the school, an educational psychologist, and health and social care professionals where relevant. Your parental views form part of the evidence, so take your time with them. Specific, everyday examples paint a far clearer picture than general statements.
Step 4: The draft and final plan
If the local authority agrees to issue a plan, you will receive a draft EHCP. You have 15 days to comment, request changes and name your preferred school or setting. The final plan must be issued within 20 weeks of the original request. That 20 week timeline is set out in law, so it is worth noting your dates from day one.
If the local authority says no
Refusals happen at both the assessment stage and the plan stage, and they are not the end of the road. Parents have the right to mediation and to appeal to the SEND Tribunal, and a significant proportion of appeals are decided in families' favour. If you receive a refusal, read the letter carefully: it must explain the decision and set out your appeal rights and deadlines.
Tips for a strong EHCP application
- Use specific, dated examples of your child's needs and what happens when support is missing
- Show what has already been tried through SEN support and what the results were
- Include reports from any professionals involved, but do not wait for a diagnosis to apply
- Capture your child's own voice: what they find hard, and what helps
- Keep copies of everything and note every deadline
Frequently asked questions
Does my child need a diagnosis to get an EHCP?
No. The law requires evidence of special educational needs, not a diagnosis. Many children receive plans while still on assessment waiting lists.
How long does an EHCP take?
The statutory maximum is 20 weeks from request to final plan, with the decision to assess made within the first six weeks.
Can I apply for an EHCP myself, without the school?
Yes. Parents can request an EHC needs assessment directly from the local authority at any time, and the authority must consider it.
What is the difference between SEN support and an EHCP?
SEN support is arranged and funded by the school from its own resources. An EHCP is a legal document that can secure additional funding and provision the school could not otherwise provide.