What is an EHCP?
An Education, Health and Care plan is a legal document, made by your local authority under the Children and Families Act 2014, for a child or young person aged up to 25 with special educational needs. It sets out their needs, the outcomes being worked towards, and the support that must be provided to meet those needs. Most children with special educational needs are supported by their school through SEN support without a plan. An EHCP is for when a child's needs call for more than a mainstream school can usually provide from its own resources, and once the plan is final, the local authority has a legal duty to make sure the special educational provision in it is delivered.
How do I apply for an EHCP, and who can ask for an EHC needs assessment?
A parent can ask the local authority directly. So can a young person aged 16 to 25, or someone acting on behalf of the child's school or college. You do not need the school's agreement, and you do not need to wait for the school to ask. Write to your council's SEN team, say that you are requesting an EHC needs assessment under section 36 of the Children and Families Act 2014, and keep a copy with the date you sent it. The legal time limits run from the day the council receives your request, so that date matters.
Does my child need a diagnosis to get an EHCP?
No. The test the local authority must apply is whether your child has or may have special educational needs, and whether it may be necessary for special educational provision to be made through a plan. Both parts say 'may', so the bar for carrying out the assessment is lower than many families are told. A diagnosis can be useful evidence, but the law is about needs and the support they require, not about a label. A child on a long assessment waiting list can still be assessed for an EHCP.
Can a child with autism get an EHCP?
Autism is not itself the test, and it does not rule a child out. The council asks whether your child has or may have special educational needs, and whether it may be necessary for special educational provision to be made through an EHC plan. A plan can be issued for an autistic child where their needs call for it, and the council decides on the needs and the support they require, not on the label or on whether a diagnosis has been given yet. Evidence of what your child finds difficult day to day, and of what the school has already tried, is what the council looks at.
Can a child with ADHD get an EHCP?
ADHD is not itself the test either. The same two questions apply: whether your child has or may have special educational needs, and whether it may be necessary for provision to be made through an EHC plan. A diagnosis, or a wait for one, does not decide it. What the council weighs is how your child's needs affect their learning and day at school, what support the school has already put in place, and how that has gone. Describing that in dated, specific terms is what makes a request easier to consider.
What should I send with the request?
Describe what your child finds difficult, at home and at school, with examples and dates where you have them. Then set out what has already been tried: the support school has put in place, how long it ran and what changed. Councils look closely at whether support has been tried and reviewed, so school SEN support plans and their reviews, school reports, letters from any professionals involved, and your own dated notes of what you have seen are all worth including. Your child's own views count as well, in whatever form they can give them.
What is the EHCP process, and what are the time limits?
The EHCP process runs on set time limits from the day the council receives your request. The council must tell you whether it will carry out an EHC needs assessment within 6 weeks of receiving your request. If it assesses and then decides a plan is not needed, it must tell you within 16 weeks of the request. If it does issue a plan, the final plan must be sent within 20 weeks of the request. There are narrow exceptions, such as when the council has asked a school for advice shortly before a closure of four weeks or more, or exceptional personal circumstances, but a busy department is not one of them. If a deadline passes, ask the council in writing for a date.
What goes in the plan?
The plan must have separate sections: A, the views, interests and aspirations of the child and parents; B, the special educational needs; C, health needs that relate to them; D, social care needs; E, the outcomes sought; F, the special educational provision; G, health provision; H1 and H2, social care provision; I, the school or other setting named; J, any direct payment; and K, the advice and information gathered during the assessment, attached as appendices. Section F is the one that sets out what must be provided, so read it closely. The Code of Practice says provision should be detailed and specific, and normally quantified: who does what, how often and for how long.
What happens when I get the draft plan?
The council must give you at least 15 days from the day the draft is served to comment on it, to ask for a particular school or college to be named, and to ask for a meeting. Use that time. Check that every need you know about appears in Section B and that each one is met by something specific in Section F. If you ask for a particular school, the council must name it unless it is unsuitable for your child, would be incompatible with the efficient education of other children, or would not be an efficient use of resources.
What if the council says no, or I disagree with the plan?
You can appeal to the First-tier Tribunal (Special Educational Needs and Disability) against a refusal to assess, a decision not to issue a plan, the needs or provision in a plan, the school named, a refusal to reassess, a decision not to amend a plan after a review, and a decision to stop maintaining a plan. Before most appeals you must first contact a mediation adviser and get a certificate; you do not have to go through mediation itself, and an appeal only about the school named does not need a certificate. The appeal must reach the tribunal within 2 months of the decision letter, or within 1 month of the mediation certificate if that is later. IPSEA and your local SEND Information, Advice and Support Service give free, independent help.
What happens after the plan is in place?
The council must review the plan at least once every 12 months: the first review within 12 months of the plan being made, and each one after that within 12 months of the last. The school usually holds the annual review meeting, and the plan can be amended afterwards if needs or provision have changed. You can also ask for a personal budget for some of the provision. If your child's needs change significantly before the review is due, you can ask for a review before the annual one is due, or for a reassessment.
Does this apply in Wales, Scotland or Northern Ireland?
No. EHCPs exist in England only. Wales uses Individual Development Plans under the Additional Learning Needs system, Scotland uses Coordinated Support Plans, and Northern Ireland uses statements of special educational needs. Each has its own rules, time limits and appeal routes, so check with your local authority or education authority in those nations.