When school support is not meeting a child or young person’s needs, parents often hear the word “EHCP”. It can sound like a huge, daunting step. This guide explains the process without assuming that an EHCP is right for every child.
What is an EHCP?
An Education, Health and Care Plan (EHCP, often also called an EHC plan) is a legal document for a child or young person with special educational needs (SEN) who needs special educational provision to be made through a plan.
It brings together education, health and social-care information. Its main purpose is to describe a child or young person’s needs, the outcomes being worked towards, and the special educational provision required to support them.
An EHCP is not a diagnosis, a badge of severity or a guarantee of a particular school place. It is one possible route where the legal test is met.
When might an EHC needs assessment be worth considering?
In England, the local authority must secure an EHC needs assessment where it considers that a child or young person has or may have SEN and it may be necessary for special educational provision to be made through an EHC plan.
This does not mean that parents must show every possible school strategy has failed, or that a diagnosis is required. A request may be worth discussing where needs are persistent or complex, where support needs coordination beyond what school can ordinarily provide, or where a child is not able to access education safely or meaningfully despite support being tried and reviewed.
Evidence about what has been tried and its impact can help the local authority understand the picture. Our SEND Support guide explains how SEN Support should be assessed, planned, delivered and reviewed before or alongside this conversation.
Who can ask for an assessment?
A parent can make a request directly to their local authority. A young person over 16 can also request an assessment themselves. A school, college or other setting can request one too.
It can be helpful to speak with the SENCO first, but you do not need the school’s agreement before making your own request. Check your local authority’s SEND Local Offer for its request route and contact details, and keep a copy of what you send.
What to include in a request
You do not need to create a perfect bundle of evidence. A short, organised picture is often more useful than a large amount of paperwork. You could include:
- your child’s strengths, interests and own views
- the SEN or barriers you believe they may have
- how these affect learning, participation, wellbeing or attendance
- support and adjustments already tried, and what difference they made
- school plans, reviews, reports, attendance information or professional advice where relevant
- what you believe may need to be provided through an EHC plan
“We are requesting an EHC needs assessment because our child may have SEN and we believe it may be necessary for special educational provision to be made through an EHC plan. We have attached a short summary of their needs, the impact on access to education and the support already tried.”
Keep the focus on your child’s needs and access to education rather than trying to prove that anyone is at fault.
The usual process and timescales
This section applies to England. The process has legal timescales, although limited exceptions can apply in particular circumstances.
The local authority should decide whether it will carry out an EHC needs assessment and tell you its decision.
The local authority gathers advice and information about education, health and care needs. It should seek advice from the child’s school or setting, relevant health professionals and others listed in the SEND Regulations, while taking account of your and your child’s views.
If the local authority decides not to issue an EHC plan after the assessment, it should tell you. If it decides to issue one, it should send a draft plan for you to comment on.
You can comment on the draft plan and, where relevant, request a particular school or other institution. Read the plan carefully: needs, provision and placement matter.
The local authority should issue the final EHC plan within 20 weeks of receiving the request for assessment, unless a specific exception applies.
Assessment is not the same as getting a plan
An EHC needs assessment is an information-gathering process. After it, the local authority decides whether it is necessary for special educational provision to be made through an EHC plan. It can assess and then decide not to issue a plan.
If a plan is issued, it should be specific enough to explain the special educational provision required. You can comment on the draft before the final plan is issued.
If the local authority says no
A refusal can feel crushing, especially after a long period of worry. Read the decision letter carefully and note the date. The local authority should explain your right to mediation and appeal.
Parents and young people can appeal relevant decisions to the First-tier Tribunal (Special Educational Needs and Disability), including a refusal to assess or a refusal to issue an EHC plan following an assessment. You usually need to consider mediation first and obtain a mediation certificate before an education-only appeal, although you do not have to take part in mediation. Independent SENDIASS services and specialist organisations such as IPSEA can help families understand the route and the evidence that may be useful.
What an EHCP does not replace
Support should not pause while you wait for a decision. School should continue to consider SEN Support and reasonable adjustments based on your child’s current needs. An EHCP may be one part of a wider picture involving school, health, family and the child or young person.
For practical day-to-day changes that may reduce barriers now, read Reasonable adjustments in school.
Related Little Big Minds guidance
- School distress: when school feels too hard
- When a child is struggling to attend school
- SEND Support in School: a parent guide
- Reasonable adjustments in school: a parent guide
Further official information
- GOV.UK: EHC plans and extra SEN help
- Children and Families Act 2014, section 36
- SEND Code of Practice: 0 to 25 years
- GOV.UK: appeal an EHC plan decision
- IPSEA: asking for an EHC needs assessment
This is general information rather than individual legal advice. Circumstances differ, so check current official guidance or seek specialist advice where needed.
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