Best Starting Points
The current SEND Code of Practice is statutory guidance for England's SEND system for children and young people aged 0 to 25.
Important – EHCP Law Applies to England
This hub is mainly about the statutory EHCP system in England. Wales, Scotland and Northern Ireland have different SEND / additional-needs systems and legal procedures.
This hub is general information, not individual legal advice. EHCP and tribunal cases can involve strict deadlines. If you receive a refusal, draft plan, final plan, amendment notice or cease-to-maintain decision, check the decision letter and appeal deadline immediately.
2026 EHCP & SEND Update
Department for Education statistics published on 25 June 2026 show continuing growth in the statutory EHC plan system.
2026 SEND Reform – What Is Law Now?
The Government's “SEND reform: putting children and young people first” consultation closed on 18 May 2026. The Government is also beginning the Experts at Hand programme from September 2026.
These reform proposals and implementation programmes do not by themselves replace the current Children and Families Act 2014, SEND Regulations 2014, current EHC plan duties or existing appeal rights. DfE's own 2026 implementation guidance says new legislation is expected later, with the current system remaining while reforms are developed.
EHCP & SEND Help Topics
1. What is an EHCP?
An Education, Health and Care Plan is a legal document for children and young people with special educational needs who need support beyond ordinary SEN support.
2. Main EHCP Legislation
The key laws, regulations and statutory guidance behind EHCPs, SEND duties and local authority responsibilities in England.
3. Requesting an EHC Needs Assessment
Parents, young people, schools and other specified people can ask the local authority to consider an EHC needs assessment. The legal test is whether it may be necessary for special educational provision to be made through an EHC plan.
4. EHCP Timescales and Deadlines
EHCP processes have statutory time limits. Delays may be challenged through the council complaints process, the Ombudsman, tribunal routes where appeal rights exist, or specialist legal advice.
5. Evidence for an EHCP
Useful evidence can include school records, professional reports, behaviour logs, attendance data, medical evidence, communication and sensory information, parent views and the child or young person's own views.
6. EHCP Sections A to K
EHC plans contain statutory sections covering views and aspirations, special educational needs, health and social care needs, outcomes, provision, placement and other required information.
7. Special Educational Provision
Section F is one of the most important parts of an EHCP because it specifies the special educational provision that must be secured for the child or young person.
8. Naming a School or Placement
Parents and young people can request particular schools, colleges or other settings. Different legal duties apply depending on the type of setting requested.
9. Annual Reviews
EHC plans must be reviewed. Following review, the local authority must decide whether to maintain the plan as it is, amend it or cease to maintain it, and must follow the statutory review process.
10. SEND Tribunal Appeals
The SEND Tribunal hears appeals against specified local authority decisions about EHC assessments and plans. Current forms include SEND35 and SEND35A.
11. Mediation and Mediation Certificate
In most EHC appeals, you must contact a mediation adviser before appealing. If the appeal is only about the placement in Section I, you do not have to consider mediation.
12. Complaints and Ombudsman
Complaints routes can be useful for delay, poor administration, failure to follow process or failure to secure provision. Tribunal appeal rights and complaints are different routes and can address different issues.
13. Equality Act and Disability Discrimination
Disabled children and young people may have rights under the Equality Act 2010, including protection from discrimination and a duty on education providers to make reasonable adjustments.
14. Local Authority SEND Local Offer
Every local authority in England must publish a Local Offer explaining the education, health and social care provision it expects to be available for children and young people with SEND.
15. Free EHCP and SEND Support
These charities and information services can help families understand SEND rights, EHC plans, evidence, appeals and practical support.
16. EHCPs from 16 to 25
EHC plans can continue beyond compulsory school age where the statutory conditions continue to be met. They do not automatically continue until age 25 simply because a young person is under 25.
17. Health and Social Care in EHCPs
EHC plans can include health and social care needs and provision alongside special educational needs and provision. Some health or social care provision may also educate or train and therefore need to be treated as special educational provision.
18. SEND Data and Statistics
Official data can help families, schools and campaigners understand EHC plan numbers, assessment requests, timeliness, placements, needs and local authority performance.
Key Legal Points People Should Know
The SEND Tribunal can hear appeals against specified local authority decisions, including refusal to carry out an EHC needs assessment or reassessment, refusal to issue a plan, disputes about Sections B, F and I, and a decision that a plan is no longer required.
The local authority has the statutory duty under section 42 of the Children and Families Act 2014 to secure the special educational provision specified in Section F of an EHC plan.
The SEND Regulations 2014 sit under Part 3 of the Children and Families Act 2014 and contain important procedural rules about assessment, EHC plans, reviews, mediation and other stages of the statutory process.
EHCP Practical Checklist
- Write down the child or young person's needs clearly.
- Collect school records, behaviour logs, attendance records, exclusions, reports and professional evidence.
- Ask the local authority for an EHC needs assessment in writing.
- Keep copies of all emails, letters, forms and evidence.
- If assessment or a plan is refused, check appeal rights immediately.
- If a draft EHCP is issued, check Sections B, F and I carefully.
- Make sure Section F is specific, detailed and quantified where possible.
- Check whether the placement in Section I is suitable.
- Use annual reviews to update needs, outcomes, provision and placement.
- If Section F provision is not delivered, complain in writing and consider specialist advice.
- If the problem is a decision carrying a statutory right of appeal, check the SEND Tribunal route rather than relying only on complaints.
- If the problem is delay or maladministration, consider the council complaints process and the Ombudsman.