The Education, Health and Care Plan process can feel confusing, especially when families are already trying to support a child who is struggling in education.
Understanding each stage can help you keep track of important deadlines, provide useful evidence and know when you may have a right to challenge a decision.
What Is an EHCP?
An Education, Health and Care Plan, usually called an EHCP, is a legally binding document for a child or young person aged up to 25 who needs more support than is ordinarily available through SEN Support.
It should describe:
- the child or young person’s needs
- the outcomes they are working towards
- the education, health and social care support required
- the education setting they will attend
An EHCP is not simply a description of a child’s difficulties. It should clearly set out the provision needed to support them.
What Is an EHCP?
An Education, Health and Care Plan, usually called an EHCP, is a legally binding document for a child or young person aged up to 25 who needs more support than is ordinarily available through SEN Support.
It should describe:
- the child or young person’s needs
- the outcomes they are working towards
- the education, health and social care support required
- the education setting they will attend
An EHCP is not simply a description of a child’s difficulties. It should clearly set out the provision needed to support them.
Who Can Request an Assessment?
A parent, young person over compulsory school age, school or college can ask the local authority to carry out an Education, Health and Care needs assessment.
Parents do not have to wait for the school to make the request.
The legal test is whether the child or young person has or may have special educational needs and whether it may be necessary for special educational provision to be made through an EHCP.
When making a request, include evidence such as:
- SEN Support plans
- school reports
- professional assessments
- attendance information
- behaviour or incident records
- examples of progress or lack of progress
- parental views
- the child or young person’s views
A diagnosis is not required before an assessment can be requested.
Stage One: The Decision to Assess
The local authority must decide within six weeks whether it will carry out an EHC needs assessment.
It should consider the information provided by the family, education setting and professionals.
If the local authority refuses to assess, it must explain the decision and provide information about mediation and the right to appeal to the SEND Tribunal.
Stage Two: The EHC Needs Assessment
When an assessment is agreed, the local authority gathers advice about the child or young person’s:
- education needs
- health needs
- social care needs
- communication
- independence
- aspirations
- required provision
Advice may be requested from the education setting, an Educational Psychologist, health professionals, social care and other relevant specialists.
Parents and the child or young person should also be invited to contribute their views.
The assessment should identify not only the child’s difficulties, but also the support required to meet each identified need.
Stage Three: The Decision to Issue
By week 16, the local authority should tell the parent or young person whether it has decided to issue an EHCP.
The local authority may decide that an EHCP is not necessary and that the child’s needs can be met through ordinary SEN Support.
If it refuses to issue a plan, the family should receive a written decision explaining their right to mediation and appeal.
Stage Four: The Draft EHCP
When the local authority agrees to issue a plan, it sends a draft EHCP to the parent or young person.
You must be given at least 15 days to:
- comment on the draft
- request amendments
- provide further evidence
- request a particular school or college
The draft should not name the education setting because parents must first be given the opportunity to express a preference.
Check the draft carefully, particularly:
- Section B: special educational needs
- Section E: outcomes
- Section F: special educational provision
- Section I: education placement
Section F should clearly state what support will be delivered, how often, for how long, by whom and whether it will be individual or group support.
Be cautious of vague phrases such as “access to,” “regular opportunities,” “as required” or “when necessary.”
Stage Five: The Final EHCP
Where a plan is being issued, the local authority should send the final EHCP within 20 weeks of receiving the original assessment request, unless a lawful exception applies.
Once finalised, the EHCP is legally enforceable.
The local authority is responsible for securing the special educational provision written in Section F. The support should not be treated as optional or dependent only on the education setting’s existing resources.
What if You Disagree?
Parents and young people may have a right to appeal where the local authority:
- refuses to carry out an assessment
- refuses to issue an EHCP
- issues a final plan with inaccurate needs or inadequate provision
- names an unsuitable placement
- refuses to amend a plan following a review
- decides to cease the EHCP
In most cases, you must contact a mediation adviser before registering an appeal. You do not have to consider mediation when the appeal is only about the education setting named in Section I, although specific procedural requirements still apply.
Appeal deadlines can be short, so always check the date on the decision letter and seek advice promptly.
What Happens After the EHCP Is Issued?
An EHCP must normally be reviewed at least once every 12 months. The review should consider:
- whether the child’s needs have changed
- whether the provision is being delivered
- progress towards the outcomes
- whether the outcomes remain suitable
- whether the placement remains appropriate
- whether the plan needs to be amended
The annual review is not simply a school progress meeting. It is a review of the EHCP as a whole.
Keep Everything in Writing
Throughout the process, keep copies of:
- assessment requests
- evidence submitted
- decision letters
- professional reports
- draft and final plans
- emails
- meeting notes
- mediation documents
Record the date the local authority received your request and calculate the six, 16 and 20-week deadlines.
Written records can be extremely important if the process is delayed or a decision needs to be challenged.
The NLH View
An EHCP should not simply record that a child has needs. It should clearly explain what support must be provided so that the child or young person can access education, make progress and prepare for adulthood.
Parents should be fully involved throughout the process, and children and young people should have meaningful opportunities to share their views.
Understanding the EHCP process can help families recognise delays, challenge vague provision and make sure the final plan reflects the child—not simply what is currently available.
Neurodiversity Learning Hub
Educate. Advocate. Navigate.
Supporting families to understand the EHCP process and navigate SEND support with greater confidence.
This article provides general information about the EHCP process in England and should not be treated as individual legal advice.
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