The Education, Health and Care plan is one of the most important parts of the SEND system, and the most misunderstood. Here it is in plain English.
What an EHCP is
An EHCP is a legal document, kept by your council, for children and young people up to 25 whose needs can’t be met by SEN Support alone. It sets out their needs, the outcomes they’re working towards, and the support the council must provide, by law.
How to ask for one
A parent, a school, or a young person aged 16 or over can ask for an EHC needs assessment in writing. You don’t need the school’s permission to ask for one yourself.
The 20-week timeline
- By week 6: the council must decide whether to assess.
- By week 16: having assessed, it must decide whether to issue a plan.
- By week 20: the final plan must be issued. Waiting lists and staff shortages are not lawful reasons to go over these.
The sections that matter most
Read Section B (your child’s needs) and Section F (the support) closely. Section F should be specific and quantified: who provides the support, how often, and for how long. Vague wording is hard to enforce. Section I names the school.
If you’re refused, or unhappy
You can appeal to the SEND Tribunal against a refusal to assess, a refusal to issue a plan, and the content of the plan. You’ll usually need to contact a mediation adviser first. Many appeals succeed, so don’t be put off.
Keeping it right
The plan must be reviewed at least once every 12 months at an annual review, so it doesn’t fall out of date as your child changes. For children under five, the council should consider reviewing it every three to six months.