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For parents and carers

The EHCP toolkit

An Education, Health and Care Plan is one of the most important things you can secure for your child, and one of the most confusing to navigate. Here is the process in plain English, the deadlines the local authority must meet, and the letters you need to hold them to it.

This is a guide to the EHCP process and your rights, not formal legal advice. For free, independent advice about your situation, contact IPSEA or your local authority's SENDIASS service.

The EHCP journey, step by step

  1. 1
    Week 0

    Request an assessment

    You, your child (if they are 16 or over), or their school or nursery can ask the local authority in writing for an EHC needs assessment. Put it in writing, date it, and keep a copy.

    Template: Request an EHC needs assessment
  2. 2
    By week 6

    The LA decides whether to assess

    The local authority 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 have the right to appeal to the SEND Tribunal. Mediation comes first.

  3. 3
    Weeks 6 to 16

    The assessment

    The LA gathers advice from you and from professionals, such as an educational psychologist and health services. Each must respond within 6 weeks. Your knowledge of your child counts as much as any report.

  4. 4
    By week 16

    The LA decides whether to issue a plan

    Having assessed, the local authority must decide whether to issue an EHC plan and tell you their decision.

    If they decide not to issue a plan, you can appeal to the SEND Tribunal.

  5. 5
    Draft plan

    You check the draft

    You receive a draft plan and get 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.

    Template: Comment on a draft plan
  6. 6
    By week 20

    The final plan

    The local authority must issue the final EHC plan within 20 weeks of your original request. The support set out in Section F must then be provided by law.

    If week 20 passes and there is no final plan, this breaches a legal deadline. Chase it in writing.

    Template: Chase a missed deadline
  7. 7
    Every year

    The annual review

    The plan must be reviewed at least every 12 months, or every 6 months for children under 5, so it keeps pace as your child grows and their needs change.

    Template: Request an early review

Work out your EHCP deadlines

Enter the date you (or the school) requested the EHC needs assessment. We will map out the dates the local authority must meet. This runs 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, the wording of Sections B and F, 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, and you do not have to go ahead with it, you just have to consider it.
  • You normally have 2 months from the local authority's decision letter to lodge an appeal, or 1 month from the mediation certificate, whichever is later.
  • Appeals go to the First-tier Tribunal (SEND), which is independent of your local authority. You do not need a solicitor, and support is free from IPSEA and SENDIASS.

Template letters, ready to personalise

Requesting an assessment, naming a school, chasing a missed deadline. Fill in your details once and get every letter you need, ready to copy or print.

Open the letter builder

Going through this right now?

You are not the first parent to face an EHCP, and you do not have to face it alone. Join SEN2gether to hear from families who have been through assessments, drafts and appeals.

Register today

Common questions

Who can request an EHC needs assessment?

A parent, the young person themselves if they are aged 16 to 25, or the child's school or nursery can request one. Others, such as a doctor or health visitor, can also bring a child to the local authority's attention. You do not need the school's permission to request 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 local authority 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 happens if the local authority misses a deadline?

Missing a statutory deadline is unlawful. Put your concern in writing, remind them of the specific deadline they have missed, and ask them to act. If it is not resolved 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 will usually need to contact a mediation adviser first and get a mediation certificate. There is a time limit, normally 2 months from the decision letter.

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 does not guarantee a plan.