What is an EHCP?
An Education, Health and Care Plan is a legal document produced by the local authority for children and young people aged 0–25 who have special educational needs or disabilities (SEND) that cannot be met by the ordinary support available in schools.
The EHCP describes the child’s needs, their aspirations and outcomes, and specifies the provision — including specialist teaching, therapies, and support — that the local authority is legally obliged to provide.
Crucially, the EHCP is legally binding — if provision is named in it, the local authority must fund it.
Who qualifies for an EHCP?
A child qualifies for an EHCP if they have special educational needs or a disability and require support beyond what is available through SEN Support (the level below an EHCP). Children may have:
Autism or ADHD
Learning difficulties (including dyslexia, dyscalculia)
Physical or sensory disabilities
Speech, language and communication needs
Social, emotional and mental health difficulties (SEMH)
Complex medical needs affecting their education
There is no diagnosis required to apply — the law is based on need, not label.
What does an EHCP cover?
An EHCP has twelve sections (A to K). The most important for most families are:
Section B:
The child's special educational needs
Section E:
Outcomes — what the child is working towards
Section F:
The educational provision required to meet those needs. This is the most important section — provision must be specified and quantified (e.g. "30 minutes of speech therapy per week" not "speech therapy as appropriate")
Section I:
The educational placement — which school the child will attend
How to apply for an EHCP
Any parent can request an EHC needs assessment from their local authority. You do not need school agreement, though school evidence helps.
Write to your local authority’s SEND team. Include:
- A description of your child’s needs and how they affect daily life and learning
- What support has been tried already and its impact
- Reports from any professionals involved (GP, CAMHS, OT, SALT, paediatrician)
- Your child’s own views (where possible)
SEND charities such as IPSEA and SOSSEN provide free template letters.
The assessment process: what to expect
If the local authority agrees to assess, they will gather advice from:
The school or educational setting
An educational psychologist
Health professionals involved with your child
You as parents
Social care (if involved)
Your child
You will have opportunities to contribute your views and to comment on draft documents.
The 20-week timeline
ODD rarely exists in isolation. Common co-occurring conditions include:
Week 0
Request received by local authority
Week 6
LA must decide whether to assess and notify you
Week 16
Draft EHCP must be sent to you
Week 20
Final EHCP must be issued
Local authorities frequently miss these deadlines. Keep records of all correspondence with dates. If deadlines are missed, IPSEA can advise on next steps.
What if your request is refused?
If the local authority refuses to assess, or refuses to issue an EHCP after assessment, you have the right to appeal to the SEND Tribunal (First-tier Tribunal). This is free and you do not need a lawyer, though specialist SEND solicitors and charities like IPSEA can support you.
You must appeal within two months of the decision letter.
Reviewing and amending the EHCP
EHCPs must be reviewed annually. At the annual review, the EHCP can be amended to reflect your child’s changing needs and outcomes. You can also request an emergency review if your child’s needs change significantly.
If you disagree with an amendment or the LA proposes to cease the EHCP, you have the right to appeal.
EHCPs for children in residential care
Looked after children with SEND are entitled to an EHCP in the same way as any other child. The responsible local authority is the one that looked after the child, not necessarily the one where they are placed. Welcare works closely with placing authorities to ensure that children in our care have their educational needs met and their EHCPs reviewed and implemented appropriately.
FAQs: EHCPs
No. The law is based on need, not diagnosis. A child with undiagnosed ADHD or autism can qualify for an EHCP if their needs are significant enough.
Schools can request an assessment, but parents are consulted throughout the process. You cannot be excluded from the decision-making.
You can request a specific school. If you want a maintained school, the LA must name it unless it is unsuitable for your child or the placement would be an inefficient use of resources. Independent special schools can also be named.
Yes. EHCPs can be issued up to age 25 and can support young people through college, apprenticeships, and training.