An Education, Health and Care Plan, known as an EHCP, is a legal document for children and young people aged up to 25 who need more support than is usually available through ordinary SEN Support.
An EHCP should describe a child or young person's education, health and social care needs, the outcomes they are working towards, and the provision required to meet those needs.
This hub explains the EHCP process, statutory timescales, draft and final plans, annual reviews, appeals, placements, evidence, complaints and sources of independent support.
Important — EHCPs are the system used in England
This guide primarily explains the law and EHCP system in England.
Scotland, Wales and Northern Ireland have different systems and legislation for additional learning needs and special educational provision.
Always check the rules applying to the nation where the child or young person is educated.
Current SEND Reform Position — 2026
The Department for Education published SEND reform proposals in February 2026.
The Government has stated that EHCPs will continue for children and young people who need them and that existing EHCP protections will remain during the transition.
Families should continue to use the current statutory EHCP process, Children and Families Act 2014, SEND Regulations and SEND Code of Practice unless and until legislation changes the current system.
1. What is an EHCP?
An EHCP is for children and young people with special educational needs or disabilities who require support that may need to be secured through an Education, Health and Care Plan.
An EHCP may include
- The child or young person's views
- Parents' or carers' views
- Special educational needs
- Health needs linked to SEND
- Social care needs linked to SEND
- Outcomes
- Specific support required
- School, college or placement
- A personal budget where applicable
- Preparation for adulthood where appropriate
An EHCP should connect
- The identified need
- The provision required
- The intended outcome
- The organisation responsible
- The education placement
A plan should be understandable and usable by the family, educational setting and professionals responsible for delivering support.
2. Who Can Request an EHCP Needs Assessment?
An EHCP begins with an Education, Health and Care needs assessment.
A formal request can be made by
- A parent
- The young person
- A person acting on behalf of a school or post-16 institution
Parents and eligible young people do not need the school to make the request for them.
Others can also bring needs to the council's attention
- Nurseries
- Teachers
- Doctors
- Health visitors
- Therapists
- Social workers
- Other professionals
A local authority can also consider an EHC needs assessment where needs are brought to its attention.
Under section 36 of the Children and Families Act 2014, the local authority considers whether it may be necessary for special educational provision to be made through an EHC plan.
This is different from requiring a family to prove at the request stage that an EHCP will definitely be needed.
3. When to Request an EHCP Needs Assessment
A needs assessment may be appropriate when:
- The child is not making expected progress
- SEN Support is not enough
- Needs are complex or long-term
- The child needs specialist teaching
- The child needs therapy to access education
- Attendance is affected by unmet needs
- Behaviour may be linked to unmet SEND
- A specialist placement may be required
- Several professionals are involved
- Significant help is needed to access education safely
The request should explain the child's or young person's needs, the difficulties experienced, support already tried, the impact on education and why further assessment may be necessary.
However, a request should be considered against the statutory legal test rather than an invented local checklist or requirement that a child must first have failed for a particular length of time.
EHCP Statutory Assessment Timeline
The main statutory timetable runs from the date the local authority receives the request for an EHC needs assessment. Limited statutory exceptions can apply.
Weeks
The local authority should notify the parent or young person whether it will carry out an EHC needs assessment.
Weeks
Following assessment, the local authority should notify the parent or young person whether it will issue an EHC plan.
Days
Where a draft plan is issued, parents or the young person must normally be given at least 15 days to comment.
Weeks
Where a plan is being issued, the final EHCP should normally be completed within 20 weeks of the original assessment request.
The SEND Regulations contain specific exceptions to certain timescales. Families can ask the local authority to identify the legal basis if it says an exception applies.
4. EHCP Needs Assessment Process
If the local authority agrees to assess, it gathers advice and information from relevant people.
Family & Education
- Parents or carers
- Child or young person
- School
- Nursery
- College
Health
- Health professionals
- Speech and language therapy
- Occupational therapy
- Physiotherapy
- Other relevant clinicians
Specialist Advice
- Educational psychologist
- Social care
- Specialist teachers
- Relevant specialist services
Useful advice should identify the needs, what support is required to meet those needs and the outcomes the provision is intended to achieve.
The decision should be given in writing with reasons and information about mediation and Tribunal rights.
5. Draft EHCP
If the local authority decides to issue an EHCP, it will send a draft plan.
Check whether the draft
- Describes needs accurately
- Includes all relevant professional advice
- Sets clear outcomes
- Specifies support clearly
- Addresses the proposed placement
- Includes health and social care needs where relevant
Look closely at Section F
Special educational provision should be clear enough for everyone to understand what is actually required.
Where appropriate, provision should identify:
- What support
- How much
- How often
- How long
- Who delivers it
- Any necessary group size
Phrases such as:
- "access to"
- "regular"
- "as required"
- "where appropriate"
- "opportunities for"
- "additional support"
may not provide enough certainty where the provision can reasonably be described more specifically.
Parents or the young person can comment on the draft, request a meeting and express a preference for an educational institution where the relevant legal provisions apply.
6. Final EHCP
Once finalised, an EHCP creates important statutory duties.
Section 42 Duty
Section 42 of the Children and Families Act 2014 requires the local authority to secure the special educational provision specified in the EHCP, subject to limited legal exceptions.
Named Placement
Where an institution covered by section 43 of the Children and Families Act is named in an EHCP, it has a statutory duty to admit the child or young person.
If provision specified in Section F is not being delivered, record what has been missed and notify both the setting and the local authority in writing.
Keep a full copy of:
- Final EHCP
- Appendices
- Professional reports
- Decision letters
- Review documents
- Placement consultations
- Amendment notices
7. What Should an EHCP Include?
EHCPs are divided into legally defined sections.
Views, Interests and Aspirations
The child or young person and family's views, interests, aspirations and relevant background.
Special Educational Needs
All identified special educational needs.
Health Needs
Health needs related to the child's or young person's SEND.
Social Care Needs
Social care needs related to SEND.
Outcomes
The outcomes being sought for the child or young person.
Special Educational Provision
The special educational provision required to meet each identified special educational need.
This section is particularly important because the local authority's section 42 duty applies to the special educational provision specified in the plan.
Health Provision
Health provision reasonably required by the learning difficulties or disabilities resulting in SEN.
Social Care Provision
Relevant social care provision.
Placement
The school, college or other institution, or type of institution, where legally appropriate.
Personal Budget
Details of any personal budget and arrangements for direct payments where applicable.
Advice and Information
The reports, advice and information gathered during the assessment process should be listed and attached.
8. EHCP Reviews
EHCPs must be kept under review.
Needs
- Current SEND
- New needs
- Changes in presentation
- Health changes
- Social care changes
Provision
- Is Section F being delivered?
- Is it effective?
- Does it remain sufficient?
- Is more support required?
Future
- Progress
- Outcomes
- Placement
- Transitions
- Preparation for adulthood
9. EHCP Annual Reviews
An EHCP must normally be reviewed at least every 12 months.
The review should involve
- School or college
- Parents or carers
- Child or young person
- Local authority
- Relevant professionals
Parents can prepare by
- Reviewing the EHCP line by line
- Checking whether provision is delivered
- Collecting progress evidence
- Submitting written views
- Requesting amendments
- Seeking updated advice where necessary
Following the annual review meeting, the local authority must notify the parent or young person of its decision about whether to:
- maintain the EHCP as it is
- amend the EHCP
- cease to maintain the EHCP
The decision should normally be communicated within four weeks of the review meeting.
The SEND Code of Practice says local authorities should consider reviewing an EHCP for a child under five more frequently, potentially every three to six months, where appropriate.
EHCP Phase Transfers
Additional deadlines apply where a child or young person is moving between key stages of education.
15 February
For relevant transfers into or between schools, the EHCP review and required amendments should be completed by 15 February in the calendar year of transfer.
This includes relevant transfers such as primary to secondary school.
31 March
For young people transferring from secondary or special school to post-16 education or an apprenticeship, the review and amendments, including the post-16 placement, should normally be completed by 31 March.
10. EHCP Appeals
Parents and eligible young people may appeal certain local authority decisions to the First-tier Tribunal (Special Educational Needs and Disability).
You may be able to appeal
- Refusal to carry out an EHC needs assessment
- Refusal to reassess
- Refusal to issue an EHCP
- Section B — special educational needs
- Section F — special educational provision
- Section I — placement
- Refusal to amend certain sections
- Decision to cease maintaining an EHCP
GOV.UK states that the Tribunal must normally receive the appeal within:
- 2 months from the date on the local authority decision letter; or
- 1 month from the date of the mediation certificate,
whichever is later.
If You Win an EHCP Appeal
A Tribunal order creates further deadlines for the local authority.
Assessment
Where the Tribunal orders an assessment or reassessment, GOV.UK says the local authority must start it within 2 weeks.
Issue an EHCP
Where the Tribunal orders the authority to make an EHCP, GOV.UK states it must do so within 5 weeks.
Placement
Where the Tribunal orders a change to the school or placement in Section I, GOV.UK states the change must be made within 2 weeks.
11. Mediation
Before many SEND Tribunal appeals, families normally need to contact a mediation adviser.
Mediation may cover
- Assessment decisions
- Refusal to issue an EHCP
- EHCP contents
- Provision
- Placement disputes
You do not have to reach agreement
Considering mediation does not mean that a parent or young person must agree to settle the dispute.
If mediation does not resolve the matter, the appeal can still proceed where the right of appeal applies.
GOV.UK states that you do not have to consider mediation where the appeal is only about the school or other institution in Section I.
12. EHCP and School Placement
An EHCP can name or provide for different forms of educational placement depending on the child's or young person's needs and the legal criteria.
Possible settings include
- Mainstream school
- Special school
- Further education college
- Specialist college
- Alternative provision
- Independent specialist provision where legally appropriate
Evidence for placement may include
- The child's identified needs
- Required specialist provision
- Professional recommendations
- Accessibility requirements
- Class or group environment
- Therapeutic provision
- Safety considerations
The Children and Families Act sets out circumstances in which a parent or young person can request a particular school, college or other institution. The local authority must consider that request under the statutory criteria.
13. EHCP and Home Education
Children with EHCPs can be electively home educated, but the legal position regarding the EHCP and provision should be understood before making the decision.
Where parents make suitable alternative arrangements themselves and the local authority is satisfied that those arrangements are suitable, the local authority may no longer have the section 42 duty to secure the provision in the same way.
The EHCP should nevertheless continue to be kept under review while it is maintained.
Consider carefully
- Who will provide specialist support
- Who will pay for therapies or teaching
- Annual review arrangements
- Exam costs
- Social and educational opportunities
- Future return to school
- Future placement requests
If a child attends a special school arranged by the local authority, parents generally need the local authority's consent before the child's name can be removed from the school roll for elective home education.
14. EHCPs for Young People Aged 16 to 25
EHCPs may continue beyond school where the young person remains within education or training and the legal criteria continue to be met.
Education
- College
- Specialist college
- Further education
Employment Preparation
- Supported internships
- Employment pathways
- Work-related skills
Adulthood
- Independent living
- Community participation
- Preparing for adulthood
Different disability-support and student-finance arrangements apply in higher education.
15. Reasonable Adjustments and EHCPs
An EHCP does not replace disability rights.
A child or young person may also have rights under the Equality Act 2010, including protection from disability discrimination and duties relating to reasonable adjustments.
Learning
- Accessible materials
- Extra processing time
- Assistive technology
- Communication support
Environment
- Sensory adjustments
- Safe spaces
- Accessible facilities
- Adjusted routines
Assessment
- Exam access arrangements
- Rest breaks
- Communication adjustments
- Other approved adjustments
16. Legal Rights
Assessment & participation
- Right to request a needs assessment
- Right to receive a decision
- Right to be involved
- Right of the child or young person to have their views considered
Plans & provision
- Right to annual reviews
- Right to request amendments
- Rights relating to placement requests
- Right to provision specified in a maintained EHCP, subject to applicable law
Challenge
- Right to appeal certain decisions
- Mediation rights
- Complaints routes
- Ombudsman routes where appropriate
Equality & accessibility
- Protection from disability discrimination
- Reasonable adjustments where legally required
- Accessible communication where appropriate
EHCP System — Latest Official Data
Department for Education statistics published in 2026 provide important context about how the system is performing.
Statistics showing delays across the system do not themselves change an individual local authority's statutory responsibilities.
17. Evidence Standards
Strong, organised evidence can help with assessment requests, reviews, complaints and appeals.
Useful evidence includes
- School reports
- SEN Support plans
- Progress data
- Attendance records
- Behaviour or incident records
- Medical reports
- Educational psychologist reports
Specialist evidence
- Speech and language therapy reports
- Occupational therapy reports
- Physiotherapy reports
- Mental health evidence
- Social care assessments
- Specialist teacher reports
Family evidence
- Parent diary or timeline
- Child or young person's views
- Emails showing concerns raised
- Examples of work
- Records of missed provision
A good evidence record should show
- What the need is
- How it affects education
- What support has been tried
- What worked or did not work
- What support is still required
- The outcome being requested
Give important documents clear names and dates. Keep copies of everything submitted to the school, local authority, mediation service or Tribunal.
If EHCP Provision Is Not Being Delivered
If support specified in the final EHCP is missing, incomplete or substantially different from what is written in the plan, keeping a clear record can help.
Quote the relevant wording from the current final EHCP.
Note dates, missed sessions, reduced hours, unavailable staff or other differences.
Contact the SENCO or appropriate senior member of staff and ask what action will be taken.
Section 42 places the duty to secure specified special educational provision on the local authority.
Keep the response with your EHCP evidence record.
18. Accountability and Complaints
Appeals and complaints are different. The right route depends on what has gone wrong.
SEND Tribunal
Generally used for legally appealable EHCP decisions, including certain decisions about:
- Assessment
- Issuing a plan
- Sections B, F and I
- Ceasing a plan
Complaints / Ombudsman
Complaint routes may be relevant for issues such as:
- Delay
- Failure to follow procedure
- Poor administration
- Failure to deliver provision
- Failure to respond
A practical escalation route
Tribunal appeals have time limits. A complaint to the school or council does not necessarily extend those deadlines.
19. Advocacy and Independent Support
Families do not have to navigate the SEND system alone.
SENDIASS
Local information, advice and support services for children, young people and parents.
Find SENDIASS20. Quick Help Directory
EHCP Information
GOV.UK EHCP InformationSEND Guide
SEND Guide for Parents & CarersSEND Code
SEND Code of PracticeYour Council
Find Your Local CouncilAppeal
Appeal an EHCP DecisionSEND Tribunal
SEND TribunalSENDIASS
Find SENDIASSIPSEA
IPSEASOS!SEN
SOS!SENContact
ContactOmbudsman
Local Government OmbudsmanEquality Advice
Equality Advisory Support ServiceKey EHCP Legislation & Official Guidance
These are some of the principal official sources underpinning the information in this hub.
Children and Families Act 2014
Part 3 — Children & Young People with SENDSEND Regulations 2014
Special Educational Needs and Disability RegulationsSEND Code of Practice
Statutory SEND GuidanceEquality Act 2010
Equality Act 2010Related Right First Time UK Resources
Education & Learning Hub
Education & LearningDisability & Accessibility
Disability Support GuideEHCP Evidence & Campaign Hub
Costs Less to Say Yes — EHCPKey Message
An EHCP is a legally important document designed to secure the education, health and care support required by a child or young person with significant SEND.
Families and young people should be involved throughout the process. Identified needs should be properly recorded, special educational provision should be clear and specific, and the plan should be kept under review.
If decisions are delayed, provision is not delivered, or a decision appears wrong, keep good records, request written explanations and use the correct advice, complaint, mediation or Tribunal route as early as possible.
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, college, educational psychologist service, SEND Tribunal, law firm or regulated legal advice provider.
SEND law and government policy can change. Individual circumstances can also affect legal rights and available remedies. Always check the current legislation and official guidance and seek specialist advice where necessary.
This EHCP guide primarily relates to England. Different systems apply in Scotland, Wales and Northern Ireland.
Page: rightfirsttimeuk.co.uk/education-and-learning/ehcp-information-hub/