An Education, Health and Care Plan (EHCP) is a statutory plan for a child or young person whose special educational needs require provision to be secured through an EHC plan.
Autism does not automatically mean that a child needs an EHCP, but an autistic child should not be refused assessment simply because they are academically able, have no formal diagnosis yet, attend a mainstream school or have needs that are described as anxiety, behaviour or attendance difficulties.
The legal question is about the child's special educational needs and the provision that may be necessary.
This guide explains the current EHCP system in England, including how to request an assessment, what should be in a plan, what provision is legally enforceable and what families can do if they disagree with a local authority decision.
The government's 2026 SEND reforms contain proposed future changes, but the existing EHCP legal system and current rights remain in force unless and until legislation changes them.
1. What Is an EHCP?
An EHCP brings together a child or young person's education, health and social care needs and provision where the statutory criteria are met.
Education
Special educational needs, outcomes, provision and educational placement.
Health
Relevant health needs and health provision associated with SEN or disability.
Social Care
Relevant social care needs and provision where applicable.
It is a statutory document created and maintained by the local authority and carries legal duties concerning specified provision.
2. Does a Child Need an Autism Diagnosis Before an EHCP Assessment?
The Children and Families Act focuses on whether the child or young person has or may have special educational needs and whether it may be necessary for special educational provision to be made through an EHC plan.
Evidence of need matters. A diagnosis can be useful evidence but should not be treated as a legal prerequisite where the statutory assessment test is otherwise met.
3. When Might an EHC Needs Assessment Be Appropriate?
An EHC needs assessment may need considering where ordinary SEN Support cannot adequately identify, coordinate or secure the special educational provision required.
Persistent Unmet Need
- Limited progress despite support
- Repeated distress
- Learning remains inaccessible
Complex Provision
- Specialist teaching
- Therapy
- High levels of adult support
- Specialist equipment
School Access
- Serious attendance difficulty
- Sensory barriers
- Repeated suspension
- Placement instability
Communication
- Speech and language needs
- AAC
- Social communication support
Multiple Services
- Education
- Health
- Social care
- Specialist professionals
Longer-Term Need
Provision may need statutory coordination over a significant period or through major education transitions.
4. Who Can Request an EHC Needs Assessment?
Parent
A parent can make a direct request to the local authority.
Young Person
A young person can make a request in their own right where the statutory framework applies.
Education Setting
A person acting on behalf of a school or post-16 institution can also request an assessment.
5. The Legal Test for an EHC Needs Assessment
Local policies can help organise decision-making, but they cannot replace the statutory test.
Question 1
Does the child or young person have or may they have SEN?
Question 2
May it be necessary for special educational provision to be made through an EHC plan?
The statutory wording is deliberately framed around whether provision through a plan may be necessary.
6. Main EHC Needs Assessment Timeline
Statutory exceptions can affect some individual cases, but the normal process works to the following timetable.
Request
The local authority receives the request for an EHC needs assessment.
By Week 6
The local authority normally decides whether to carry out the assessment.
By Week 16
After assessment, the local authority must normally tell the parent or young person whether it will issue an EHC plan.
By Week 20
Where a plan is required, the final EHCP should normally be issued within 20 weeks from the original assessment request.
It is the normal maximum overall statutory timeframe, subject to specified exceptions.
7. Evidence for an Autism-Related Assessment Request
A request is stronger when it describes need, impact and provision, not diagnosis alone.
Education Evidence
- SEN Support Plans
- Progress information
- Teacher observations
- Intervention records
Professional Evidence
- Educational psychology
- Speech and language therapy
- Occupational therapy
- Paediatrics
Attendance
- Absence
- Reduced timetables
- Distressed attendance
- Failed reintegration
Behaviour & Safety
- Suspensions
- Distress incidents
- Risk assessments
- Safety concerns
Family Evidence
- Home observations
- After-school recovery
- Sleep impact
- Communication needs
Child's Voice
- What feels difficult
- What helps
- Aspirations
- Preferred communication
It should help the local authority apply the statutory assessment test to the individual child or young person.
8. What Happens During the Assessment?
An EHC needs assessment considers education, health and social care needs and gathers relevant advice.
Child / Young Person & Family
Their views, experiences, aspirations and understanding of need should be included.
Education
Evidence may come from the school, SENCO, teachers and educational psychology.
Health
Relevant health professionals can provide information about health needs and provision.
Social Care
Relevant social care needs should be considered as part of the statutory process.
Other Professionals
Appropriate specialist information can be sought where relevant to the individual.
Existing Evidence
Existing reports should be considered rather than important evidence being ignored because it was produced before the assessment began.
9. If the Local Authority Refuses to Assess
The refusal should be communicated formally and include reasons and information about challenge rights.
The issue is whether it may be necessary for special educational provision to be made through an EHC plan.
10. After Assessment — Does the Child Need an EHCP?
Carrying out an EHC needs assessment does not automatically mean a plan will be issued.
After considering the assessment evidence, the local authority decides whether it is necessary for special educational provision to be made through an EHC plan.
Plan Required
The local authority prepares a draft EHC plan.
Refusal to Issue
The parent or young person should receive the decision and information about appeal rights.
11. The Draft EHCP
Where the local authority decides an EHCP is necessary, it sends the parent or young person a draft plan.
During that period they can:
Correct Needs
Ask for inaccurate or missing needs to be corrected.
Challenge Provision
Ask for provision to be made more specific, complete or measurable.
Request Placement
Request a qualifying school or other educational institution to be considered for Section I.
Important professional recommendations should not disappear when assessment reports are turned into the final EHCP.
12. The Sections of an EHCP
EHCP formats can look different between local authorities, but the statutory sections must be separately identified.
Views, Interests & Aspirations
The child or young person's views, interests, aspirations and family views.
Special Educational Needs
The child or young person's identified SEN.
Health Needs
Health needs related to SEN or disability.
Social Care Needs
Relevant social care needs.
Outcomes
Outcomes sought for the child or young person.
Special Educational Provision
The special educational provision required to meet the SEN.
Health Provision
Health provision reasonably required because of SEN or disability.
Social Care Provision
Statutory and other relevant social care provision.
Placement
Name and type of educational institution.
Personal Budget
Details relating to any agreed personal budget and direct payments.
Assessment Advice
The advice and information gathered during the EHC needs assessment.
13. Section B — Describing Autism-Related SEN Properly
Section B should describe the child's actual special educational needs, not simply state “autism”.
Communication
- Expressive communication
- Understanding language
- Social communication
- AAC needs
Sensory Processing
- Noise
- Lighting
- Touch
- Movement
- Interoception
Learning
- Processing time
- Attention
- Task initiation
- Executive functioning
Emotional Regulation
- Anxiety
- Overload
- Shutdown
- Recovery needs
Social Participation
- Friendships
- Group work
- Unstructured time
- Bullying vulnerability
Access to Education
- Attendance
- Transitions
- Personal safety
- Independence
14. Section E — Outcomes
Outcomes describe what the child or young person is expected to achieve as a result of the provision.
Specific
It should be clear what progress is being sought.
Meaningful
Outcomes should relate to the person's real education and life goals.
Reviewable
Progress should be capable of being reviewed rather than expressed only in vague terms.
“Improve communication” is an outcome. The speech and language support required to achieve it belongs in the relevant provision section.
15. Section F — The Special Educational Provision
Section F is one of the most important parts of the EHCP because it specifies the special educational provision that must be secured.
What?
What exact support, programme, intervention or specialist provision is required?
How Often?
How frequently should provision be delivered?
How Much?
What duration, amount or staffing level is required where appropriate?
By Whom?
What level of qualification, expertise or supervision is needed?
Where?
Does the provision require a particular environment or arrangement?
Review
How will delivery and effectiveness be monitored?
Provision such as “access to support”, “opportunities for” or “as required” may be too vague where the child's needs require a defined, enforceable level of support.
16. Autism-Related Provision That May Be Relevant
Provision depends entirely on the individual child. The following are examples, not an automatic autism package.
Communication
- Speech and language programme
- AAC support
- Visual communication systems
Teaching
- Specialist teaching
- Structured learning
- Task breakdown
- Processing time
Sensory
- Sensory environment changes
- Regulation breaks
- Occupational therapy input
Adult Support
- Individual support
- Small-group support
- Supervision for safety
Social & Emotional
- Trusted adult
- Structured social support
- Anxiety support
Access
- Transition support
- Arrival support
- Alternative break/lunch arrangements
- Specialist placement where necessary
17. Speech Therapy, Occupational Therapy and Section F
Therapy is not automatically “health provision” simply because a health professional delivers it.
Depending on the individual purpose of the therapy, this can be particularly relevant to:
Speech & Language Therapy
Communication support may educate or train the child and therefore belong in Section F.
Occupational Therapy
OT provision can sometimes constitute special educational provision where it educates or trains.
Physiotherapy
The same legal principle can apply depending on the individual function of the provision.
18. Sections G and H — Health and Social Care
Section G — Health
This sets out health provision reasonably required by the learning difficulties or disabilities that result in SEN.
Sections H1 & H2 — Social Care
These sections contain relevant statutory and other social care provision.
The local authority is responsible for securing Section F special educational provision.
The responsible health commissioning body is responsible for arranging health provision specified in Section G.
19. Section I — School or Other Placement
During the draft-plan process, the parent or young person can request certain qualifying schools or institutions.
Mainstream
A mainstream school or college may be requested where appropriate.
Specialist
Certain special schools and specialist institutions can also be requested.
Individual Evidence
Placement should be considered against the child's needs and the provision required.
Under Section 39 of the Children and Families Act, the local authority must generally comply with a qualifying request unless one of the statutory exceptions applies.
Those exceptions include suitability for the child's SEN, compatibility with efficient education of others and efficient use of resources.
20. Section 42 — The Duty to Secure Provision
Section 42 of the Children and Families Act places the statutory responsibility on the local authority to secure the special educational provision specified in the EHCP.
This distinction is important.
Plan Says
The EHCP specifies a particular provision.
School Delivers
The setting will often provide it day to day.
Local Authority Duty
Statutory responsibility for securing the Section F provision remains with the local authority.
21. A School Named in an EHCP
Where the statutory duty in Section 43 applies to the named school or institution, it must admit the child or young person.
22. An EHCP Does Not Replace Reasonable Adjustments
EHCP provision and Equality Act reasonable adjustments are separate legal duties.
EHCP
Specifies special educational provision and other statutory elements.
Equality Act
Requires reasonable adjustments where a disabled pupil would otherwise be placed at substantial disadvantage.
Having an EHCP does not mean every disability-related disadvantage is automatically addressed.
23. Annual Reviews
An EHCP must be reviewed at least every 12 months.
Review Needs
Are Sections B, C and D still accurate?
Review Provision
Is the provision still suitable and is it actually being delivered?
Review Outcomes
Has progress been made and are different outcomes now required?
- maintain the plan unchanged
- amend the plan
- cease the plan
Following an amendment notice, the final amended plan must normally be issued within the applicable eight-week statutory period.
24. Do Not Always Wait for the Next Annual Review
Significant changes in need, attendance, placement or safety may justify reviewing the plan earlier.
Attendance Breakdown
The child is no longer able to access their education reliably.
Repeated Suspensions
Behaviour or distress indicates the current package may not be meeting need.
Significant Change
New needs, diagnoses or professional recommendations may require amendments.
25. Phase Transfers
Additional statutory deadlines apply where a child or young person is moving between major education phases.
Most School Phase Transfers
The EHCP must normally be reviewed and amended to name the next placement by 15 February in the calendar year of transfer.
Secondary to Post-16
The relevant statutory deadline is normally 31 March in the calendar year of transfer.
The plan needs to reflect the next setting and the provision required for a successful transition.
26. Moving to Another Local Authority
Moving home across local-authority boundaries does not simply cancel an EHCP.
From the date of transfer, the new local authority becomes responsible for maintaining the plan and for securing the specified special educational provision.
The SEND Regulations also contain specific notification and review requirements following the transfer.
27. Preparing for Adulthood
From Year 9 onwards, EHCP planning should include preparation for adulthood.
Education & Employment
Future education, training and employment aspirations.
Independent Living
Skills and support required for adult life.
Community
Friendships, relationships and community participation.
Health
Planning for continuing health and wellbeing.
28. EHCPs After School Leaving Age and Up to Age 25
Many statutory SEND rights move to the young person after compulsory school age, subject to the legal capacity framework.
EHCPs can continue for eligible young people into further education and training.
Equally, a local authority must not end a plan simply because the young person has turned 19.
Decisions must be made individually using the statutory test and the young person's education, training needs and outcomes.
29. EHCPs and School Attendance Difficulties
Serious attendance difficulty can be evidence that the child is unable to access their current provision successfully.
Check Section F
Is all specified support actually being provided?
Check Section I
Is the current setting still suitable?
Review Needs
Have anxiety, sensory needs, communication or other difficulties changed?
Where provision cannot be accessed or delivered, the local authority and setting should consider what action is required rather than simply allowing the statutory package to disappear.
30. EHCPs, Behaviour and Exclusion
Repeated serious behaviour incidents or suspensions can indicate that the EHCP needs urgent review.
Provision
Was the Section F provision actually delivered before the incident?
Adjustment
Were relevant reasonable adjustments in place?
Early Review
Is an early EHCP review required because the current support or placement is breaking down?
31. What EHCP Decisions Can Be Appealed?
Parents or eligible young people can appeal certain local-authority decisions to the SEND Tribunal.
Refusal to Assess
A decision not to carry out an EHC needs assessment.
Refusal to Issue
A decision not to issue an EHCP following assessment.
Section B
The description of special educational needs.
Section F
The special educational provision.
Section I
The school, college or type of placement.
Ceasing a Plan
A decision that the EHCP is no longer needed.
32. Mediation Before an EHCP Appeal
In most EHCP appeals, the parent or young person must first contact a mediation adviser.
Want Mediation?
Mediation can be arranged to try to resolve the disagreement.
Do Not Want Mediation?
In most cases, the mediation service still needs to be contacted so that a mediation certificate can be obtained.
If the appeal is only about the school or other institution in Section I, the requirement to consider mediation does not apply in the same way.
33. EHCP Appeal Deadline
2 months of the date on the local authority decision letter,
or
1 month from the date of the mediation certificate, whichever gives the later deadline.
34. Health and Social Care Issues at SEND Tribunal
The SEND Tribunal's extended powers allow it to make recommendations about health and social care issues where there is also an eligible education element in the appeal.
Education
The Tribunal can make binding orders within its education jurisdiction.
Health
It can make recommendations about relevant health needs and provision.
Social Care
It can also make recommendations about relevant social care needs and provision.
The responsible body must consider them and give reasons if it decides not to follow them.
35. If You Win an EHCP Appeal
GOV.UK sets deadlines for the local authority to act on a Tribunal decision.
Assessment
Where ordered to start an assessment or reassessment, the local authority must act within the specified Tribunal implementation timeframe.
Make or Amend Plan
Tribunal orders concerning a plan or Sections B and F also have implementation deadlines.
Placement
Orders changing Section I have a shorter implementation timeframe.
36. Current National EHCP Picture
The Department for Education's official 2026 statistics show continued growth in EHCP demand.
At January 2026.
Compared with January 2025.
Received during 2025.
Started during 2025.
New plans issued within the statutory timeframe measure.
This national performance figure does not change an individual family's statutory rights or the legal timetable applying to their case.
37. Current 2026 SEND Reform Position
The government published major SEND reform proposals in February 2026.
Families should continue to use the existing Children and Families Act, SEND Regulations and SEND Code framework unless and until Parliament changes the law.
Main Consultation
The main SEND reform consultation closed on 18 May 2026.
Future Assessments
Government proposals anticipate assessments under the future system beginning from September 2029.
Existing EHCP Support
Government reform documents state there will be no changes to support received through EHCPs before at least September 2030.
Government reform material expressly states that until new legislation comes into force, the current system — including existing duties, rights and funding routes — remains in place.
38. Independent SEND Information and Support
Local SENDIASS / IASS
Local Information, Advice and Support Services provide free SEND information for parents and young people.
SEND Tribunal
Official information about appealing EHC needs and plan decisions.
39. Official EHCP Law, Guidance & Data
The main information is explained on this page. These links allow families and professionals to check the underlying statutory material directly.
SEND Code of Practice
Children & Families Act
SEND Regulations
Assessment & Plans
Appeals
National Statistics
Section 36
Section 39
Section 42
Section 44
19–25 EHCPs
2026 SEND Reform
Key Message
Autism alone does not automatically create an entitlement to an EHCP, but a formal autism diagnosis is not the statutory test for an EHC needs assessment either.
The assessment test asks whether the child or young person has or may have special educational needs and whether it may be necessary for special educational provision to be made through an EHC plan.
Parents can request an assessment directly from their local authority. They do not need school permission.
The local authority normally has six weeks to decide whether to assess, must normally decide whether to issue a plan by week 16, and where a plan is required should normally issue the final EHCP within 20 weeks of the original assessment request, subject to statutory exceptions.
A strong EHCP should describe all the child's relevant needs in Section B and specify the special educational provision required in Section F.
Section F should be detailed and specific and should normally quantify provision where appropriate.
Speech and language therapy, occupational therapy or other health-related provision may belong in Section F where it educates or trains the child or young person.
Section 42 places the statutory responsibility for securing the special educational provision specified in Section F on the local authority.
EHCPs must be reviewed at least annually, and serious attendance problems, repeated suspensions, major changes in need or placement breakdown may justify an earlier review.
Parents and eligible young people have SEND Tribunal rights where the local authority refuses to assess, refuses to issue a plan, disputes Sections B, F or I, or decides that a plan should cease.
Appeal deadlines are important. A general complaint does not normally pause the SEND Tribunal time limit.
Government SEND reforms announced in 2026 are proposals for future change. Current EHCP duties and rights remain in force unless legislation changes them.
An effective EHCP should not merely describe an autistic child. It should clearly identify their educational needs, specify the provision required to meet those needs, identify the appropriate educational setting and create an enforceable framework that enables the child or young person to access education and progress.
Right First Time UK — Information Notice
Right First Time UK provides general public information, awareness resources and signposting.
We are not a local authority, school, Department for Education body, NHS organisation, SEND Tribunal, law firm or regulated legal advice provider.
EHCP cases depend on the individual child's or young person's needs, evidence, provision and circumstances.
This page explains the Education, Health and Care Plan framework in England. Wales, Scotland and Northern Ireland operate different additional-needs systems.
Information checked against current GOV.UK, Department for Education, Children and Families Act 2014, SEND Regulations 2014, SEND Code of Practice and SEND Tribunal information. Updated 11 September 2026.