The Complete EHCP Guide for Parents

What Is an EHCP and Why Does It Matter?

An Education, Health and Care Plan is a legally binding document that describes a child or young person's special educational needs and sets out the specific support that must be provided to meet them. EHCPs replaced the old system of Statements of Special Educational Needs in September 2014, when the Children and Families Act came into force. The key word here is legally binding. Unlike SEN Support, which relies on schools doing their best within existing resources, an EHCP places a legal duty on the local authority to arrange and fund the provision described in the plan. If the plan says your child needs 15 hours of one-to-one support from a teaching assistant, the local authority must make that happen. If it says your child needs weekly speech and language therapy, that therapy must be delivered. This is what makes the EHCP such an important tool for families whose children have complex or significant needs.

The plan is structured in sections, labelled A through K. Sections A and B cover the child's views and their special educational needs. Section F describes the special educational provision required, and Section I names the school or setting. Sections C and D cover health and social care needs respectively, with Sections G and H describing the related provision. Understanding this structure matters because it tells you where to look when checking that your child's plan is accurate and complete.

EHCPs are for children and young people aged 0 to 25, though the plan will only continue beyond school age if the young person is in education or training. Not every child with SEND needs an EHCP. Many children are well supported through SEN Support, which is the graduated approach described in Chapter 6 of the SEND Code of Practice 2015. An EHCP becomes relevant when a child's needs are significant enough that the school cannot reasonably meet them from its own resources, and when the evidence shows that additional, specialist provision is needed to help the child make progress.

I built ChildWize because so many parents told me they felt lost when they first heard the term EHCP. The language is bureaucratic, the process can feel impenetrable, and families often do not know where to start. This guide is designed to walk you through the whole lifecycle of an EHCP, from initial request through to the point when the plan is no longer needed or when your child ages out of the system. If you are at the very beginning of this journey, our guide on how to get an EHCP covers the initial request in detail. This pillar page takes a broader view, covering everything that happens before, during, and after.

Who Qualifies for an EHCP?

There is no simple checklist that determines EHCP eligibility. The decision is based on evidence, not on diagnosis alone, and the threshold can vary depending on the local authority. That said, the legal framework is clear. Under Section 36 of the Children and Families Act 2014, a local authority must carry out an EHC needs assessment if it believes (or is asked to consider whether) a child or young person may have special educational needs, and it may be necessary for special educational provision to be made through an EHCP.

In practical terms, this means the local authority is looking at two things. First, does the child have special educational needs that are significant enough to require provision beyond what a mainstream school can normally offer? Second, is there evidence that the school has already tried to meet those needs through SEN Support and the graduated approach (assess, plan, do, review) without sufficient progress? The local authority wants to see that the school has put support in place, monitored its impact, and found that the child still isn't making adequate progress.

A common misconception is that you need a formal diagnosis before you can apply for an EHCP. You do not. The SEND Code of Practice 2015 is explicit that the system is needs-led, not diagnosis-led. A child without any diagnosis can qualify for an EHCP if their needs are significant enough. Equally, having a diagnosis of autism, ADHD, dyslexia, or any other condition does not automatically mean a child will get a plan. What matters is the level of need and the evidence that additional provision is required.

Children with a wide range of needs can qualify. This includes children with communication and interaction difficulties (such as autism or speech and language needs), cognition and learning difficulties (such as dyslexia, dyscalculia, or moderate learning difficulties), social, emotional, and mental health needs (including anxiety, ADHD, or attachment difficulties), and sensory or physical needs (such as hearing impairment, visual impairment, or physical disability). Many children have needs that span more than one area.

If you are unsure whether your child might qualify, speaking to an educational psychologist or SEND specialist can help you understand the strength of your case. You can browse specialists on ChildWize who work with families at this early stage, helping them gather evidence and decide whether to move forward with a request. Our guide on the EHCP process explained also walks through what the local authority considers when making its decision.

The EHCP Application Process Step by Step

The process of obtaining an EHCP has several distinct stages, and the whole thing should take no more than 20 weeks from initial request to the final plan being issued. In practice, many local authorities exceed this timescale, but knowing the legal deadlines helps you hold them to account.

The first step is making the request. Parents, carers, young people over 16, schools, and health professionals can all ask the local authority to carry out an EHC needs assessment. You do not need the school's permission to make this request yourself. Write to your local authority's SEND team, explaining your child's needs, describing what support has been tried, and including any evidence you have. Some families find it helpful to get specialist advice before submitting their request, and our educational support specialists on ChildWize can help you prepare a strong application.

Once the request is received, the local authority has six weeks to decide whether to carry out an assessment. It must consider all the evidence submitted and decide whether there is reason to believe the child may have SEN that require an EHCP. If the local authority refuses to assess, it must notify you in writing with reasons, and you have the right to appeal to the SEND Tribunal.

If the assessment goes ahead, the local authority gathers advice from a range of professionals. This typically includes an educational psychologist, the child's school, health services, social care, and any other professionals involved. You will be asked to contribute your views, and your child's views must also be sought. The assessment phase is where the evidence base is built, and this is where private specialist reports can be particularly valuable. A detailed, independent report from an educational psychologist or speech and language therapist can fill gaps that stretched NHS services may not have time to address.

After the assessment, the local authority has a further decision to make: whether to issue an EHCP. If it decides to issue a plan, you will receive a draft for review. You have 15 calendar days to comment on the draft, request changes, and express a preference for a school or setting. This is a critical moment because it is much easier to get the plan right at draft stage than to amend it later. Check every section carefully. Make sure the provision described in Section F is specific, quantified, and measurable. Vague wording like "access to speech and language therapy" is not enough. It should say how many sessions, how often, delivered by whom, and for how long.

The local authority then issues the final EHCP. If you disagree with any aspect of the plan, you can appeal to the SEND Tribunal. Our guide on EHCP refusals and appeals covers this in more detail.

What to Do If Your EHCP Request Is Refused

A refusal is not the end of the road, and the statistics should give you confidence. Over 90% of appeals to the SEND Tribunal against refusals to assess are decided in favour of the parent. Many local authorities concede before the case even reaches a hearing, once they see that the family is prepared to challenge the decision. The system, for all its flaws, does have mechanisms for holding local authorities to account.

If your request for an EHC needs assessment is refused, the local authority must write to you within six weeks of receiving your request, giving clear reasons for its decision. Read these reasons carefully. Common reasons include claims that the child's needs can be met through SEN Support, that there is insufficient evidence of need, or that the school has not yet demonstrated that it has exhausted its own resources. Some of these reasons may be valid, but many are not, and a well-prepared appeal can overturn them.

Your first step after a refusal should be to seek advice. Free organisations such as IPSEA (Independent Provider of Special Education Advice) and SOS!SEN can help you understand whether the refusal is defensible and what your options are. Your local SENDIASS (SEND Information, Advice and Support Service) also provides free, impartial guidance. These services exist specifically to help families in this situation, and there is no shame in using them.

If you decide to appeal, you register your appeal with the SEND Tribunal within two months of the refusal letter (or one month of the mediation certificate, if you go through mediation first). Mediation is a requirement before most appeals, though you can decline mediation itself and simply obtain the certificate. The mediation process involves a conversation with a mediator and the local authority to see whether the dispute can be resolved. Some families find this resolves the issue without needing to go further.

Strengthening your evidence is one of the most important things you can do between a refusal and an appeal. If the local authority says there is insufficient evidence, get more evidence. This is where private specialist assessments can make a real difference. An independent educational psychologist report, a speech and language therapy assessment, or an occupational therapy report can provide the detailed, professional evidence that the local authority found lacking. You can find qualified specialists for these assessments on ChildWize, and the reports they produce are designed to meet the standards expected by both local authorities and the Tribunal.

It is also worth noting that you can make a fresh request for an EHC needs assessment at any time if circumstances change or new evidence becomes available. Some families choose to reapply with stronger evidence rather than appeal, depending on the advice they receive.

Annual Reviews, Amendments, and Keeping the Plan Current

Getting an EHCP is not the end of the process. The plan is a living document that must be reviewed at least once every 12 months to make sure it still reflects your child's needs and that the provision is still appropriate. These annual reviews are a crucial part of the EHCP lifecycle, and engaging with them properly can make a significant difference to your child's outcomes.

The school or setting is responsible for organising the annual review, and it must invite you, the local authority, and any relevant professionals. Before the meeting, the school should gather reports from everyone involved in your child's education and care. You should receive these reports in advance so you can prepare your own views. The review meeting itself is a chance to discuss what is working, what is not, and whether any changes are needed.

After the review meeting, the school sends its recommendations to the local authority, which then decides whether to maintain the plan as it is, amend it, or cease it. If changes are needed, the local authority issues an amended draft, and you have the same 15-day comment period as with the original plan. If you disagree with the proposed amendments, or if the local authority refuses to amend the plan when you believe changes are necessary, you can appeal to the SEND Tribunal.

There are certain points in a child's life when reviews are particularly important. The transition from primary to secondary school (Year 5 review), the move from Year 9 onward (when post-16 planning should begin), and the transition to post-16 education or training are all moments when the plan may need significant updating. At Year 9, the plan should start to include preparation for adulthood outcomes, covering areas such as employment, independent living, community participation, and health.

Beyond the formal annual review, you can request an emergency review or amendment at any time if your child's needs change significantly. If your child experiences a crisis, a change in health, or a major shift in their educational needs, you do not have to wait for the scheduled review. Write to the local authority explaining why an early review or amendment is needed, and include any supporting evidence.

One of the most common frustrations parents report is that annual reviews feel like a tick-box exercise rather than a genuine examination of the plan's effectiveness. The best way to counter this is to come prepared. Bring your own evidence of how the year has gone, note any provision that has not been delivered, and be specific about what changes you want to see. If the plan says your child should receive weekly occupational therapy and it has not happened, the review is the place to raise that and ensure it is addressed.

What Happens When Your Child Turns 25?

An EHCP can remain in place up to the age of 25, but only if the young person is in education or training. This is one of the most misunderstood aspects of the system. The plan does not automatically continue until 25. The local authority reviews whether the plan should be maintained each year, and if the young person is no longer in education or training, the plan may be ceased.

The key question at each review is whether the young person still needs the support described in the plan to achieve their education or training outcomes. If a young person completes a course and moves into employment, the EHCP will usually be ceased because its purpose has been fulfilled. If the young person is still in education and still needs the support, the plan should continue.

Local authorities sometimes try to cease plans prematurely, particularly when a young person reaches 18 or 19 and moves from school to further education. If your young person still has significant needs and is still in education, the plan should not be ceased simply because of their age. The legal protection runs to 25 for a reason, and if you believe the local authority is ending the plan too early, you have the right to appeal.

Transition planning is critical in the later years of an EHCP. From Year 9 onward, the plan should include preparation for adulthood, and each annual review should consider the young person's aspirations and the support they will need to achieve them. This includes thinking about employment (supported or otherwise), further and higher education, independent living, health management, and community participation. Good transition planning does not happen by accident. It requires active engagement from the young person, the family, the school or college, and the local authority.

When the EHCP is finally ceased, the young person does not lose all support overnight. Other sources of help may be available, including support from adult social care, Access to Work for employment, Disabled Students' Allowance for higher education, and ongoing health services. Planning for life after the EHCP should be part of the final years of the plan, not an afterthought.

If your young person is approaching this transition and you are unsure what support they will need going forward, speaking to a specialist can help you plan. You can browse specialists on ChildWize who have experience with transition planning and post-16 SEND, and they can help you make sure the annual reviews in these crucial years are as productive as possible.

How Private Specialist Evidence Strengthens Your Case

Throughout the EHCP lifecycle, from the initial request to annual reviews and amendments, the quality of the evidence you present matters enormously. Local authorities make decisions based on the information in front of them, and families who provide clear, detailed, professional evidence consistently achieve better outcomes than those who rely solely on what the school submits.

Private specialist assessments serve several purposes. At the initial request stage, a report from an independent educational psychologist can identify needs that the school may not have fully recognised, and can describe the level and type of provision needed in the precise, quantified terms that the Code of Practice requires. At annual review stage, an updated assessment can demonstrate whether the child is making progress, whether the current provision is effective, and whether changes are needed. And if you are preparing for an appeal, a strong independent report can be the single most important piece of evidence in your case.

The SEND Code of Practice 2015 is clear that local authorities must consider evidence from private professionals alongside information from the school, health services, and social care. They cannot dismiss a report simply because it was privately commissioned. What matters is the quality of the assessment, the qualifications of the professional, and the relevance of the findings to the child's educational needs.

Common types of private assessment that families find helpful include educational psychology assessments (which explore cognitive ability, learning difficulties, and the educational impact of a child's needs), speech and language therapy assessments (for children with communication difficulties), occupational therapy assessments (for children with sensory processing, fine motor, or self-care difficulties), and clinical psychology assessments (for children with complex emotional or behavioural needs).

I have seen firsthand how much difference a well-written specialist report can make. Families who come to ChildWize for an assessment before submitting their EHCP request often tell us that the report gave them both the evidence and the confidence they needed to move forward. Our specialists produce reports that are specifically designed to be used in EHCP processes, and they understand what local authorities and Tribunals expect to see. You can browse our specialists by area of expertise on our specialists page, read reviews from other families, and book a session at a time that suits you. All sessions are delivered online, so there is no need to travel or arrange complicated logistics.