A guide to the EHCP process and your rights, not legal advice. For free, independent advice about your situation, contact IPSEA or your local SENDIASS.
The EHCP journey, step by step
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Week 0
Ask for an assessment
You, your child (if they’re 16 or over), or their school or nursery can ask the council in writing for an EHC needs assessment. Date it, and keep a copy.
Letter: Ask for an EHC needs assessment -
By week 6
The council decides whether to assess
The council must decide whether to carry out an assessment, and tell you, within 6 weeks of your request. Most requests are agreed.
If they refuse to assess, you can appeal to the SEND Tribunal. Mediation comes first.
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Weeks 6 to 16
The assessment
The council gathers advice from you and from professionals, such as an educational psychologist and health services. Each must respond within 6 weeks. What you know about your child counts as much as any report.
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By week 16
The council decides whether to issue a plan
Having assessed, the council must decide whether to issue an EHC plan and tell you.
If they decide not to issue a plan, you can appeal to the SEND Tribunal.
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Draft plan
You check the draft
You get a draft plan and at least 15 days to comment and to ask for a particular school to be named. Read Section B (your child’s needs) and Section F (the support) closely: this is the part that is legally binding.
Letter: Comment on a draft plan -
By week 20
The final plan
The council must issue the final EHC plan within 20 weeks of your original request. The support in Section F must then be provided, by law.
If week 20 passes with no final plan, that breaks a legal deadline. Chase it in writing.
Letter: Chase a missed deadline -
Every year
The annual review
The plan must be reviewed at least every 12 months, so it doesn’t fall out of date as your child changes. For children under five, the council should consider a review every three to six months.
Letter: Ask for an early review
Work out your EHCP deadlines
Enter the date you (or the school) asked for the EHC needs assessment, and we’ll show the dates the council must meet. It works in your browser: nothing is saved or sent.
If you disagree: mediation and the SEND Tribunal
You have a legal right to challenge the big decisions: a refusal to assess, a refusal to issue a plan, what Sections B and F say, and the school named in Section I.
- Before you can appeal, you usually have to contact a mediation adviser and get a mediation certificate. Mediation is free and voluntary: you only have to consider it.
- You normally have 2 months from the council’s decision letter to appeal, or 1 month from the mediation certificate, whichever is later.
- Appeals go to the First-tier Tribunal (SEND), which is independent of your council. You don’t need a solicitor, and IPSEA and SENDIASS can help for free.
Common questions
Who can ask for an EHC needs assessment?
A parent, the young person themselves if they’re 16 to 25, or the child’s school or nursery. Others, such as a doctor or health visitor, can also bring a child to the council’s attention. You don’t need the school’s permission to ask for an assessment yourself.
How long should an EHCP take?
By law, no more than 20 weeks from your request to the final plan. Within that, the council must decide whether to assess by week 6, and whether to issue a plan by week 16. Waiting lists and staff shortages are not lawful reasons to go over 20 weeks.
What if the council misses a deadline?
Missing a legal deadline is unlawful. Put your concern in writing, name the deadline they’ve missed, and ask them to act. If that doesn’t work you can complain, and in some cases challenge the delay. Our template letters can help you chase it.
Can I appeal if they refuse to assess or refuse a plan?
Yes. You can appeal to the First-tier Tribunal (SEND) against a refusal to assess, a refusal to issue a plan, and the content of the plan or the school named in it. You’ll usually need to contact a mediation adviser first and get a mediation certificate. You normally have 2 months from the decision letter, or 1 month from the certificate if that’s later.
Do we need a diagnosis to get an EHCP?
No. An EHC needs assessment looks at your child’s needs and the support they require, not their diagnosis. A child can have significant needs without a formal diagnosis, and a diagnosis on its own doesn’t guarantee a plan.
Going through this right now?
Thousands of families go through this every year. Join SEN2gether free to hear from parents who have been through assessments, drafts and appeals.