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EHCP Guide

Everything you need to understand Education, Health and Care Plans, explained plainly and linked to the official sources. EHCPs apply in England.

Reviewed by SENlens. Last reviewed June 2026. Checked against GOV.UK, SEND Code of Practice and IPSEA.

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Frequently asked questions

What is an EHCP?
An Education, Health and Care Plan (EHCP) is a legal document, issued by a local authority in England, that describes a child or young person's special educational needs, the support they must receive, and the outcomes they are working towards.
How long does the EHCP process take?
From the date a local authority receives a request for an EHC needs assessment, it has a statutory duty to complete the whole process (assessment, draft plan, and final plan) within 20 weeks. This timescale is set out in the Children and Families Act 2014 and the SEND Code of Practice. Each stage has its own intermediate deadline within that overall period.
Can I apply for an EHCP myself?
Yes. Parents and carers can request an EHC needs assessment directly from their local authority. Young people aged 16 to 25 can also request one themselves. Schools and other professionals can make a referral, but they do not need to be involved for a parent or young person to apply. The request should be made in writing to the local authority SEND team.
What can I do if the council misses a deadline?
If a local authority misses a statutory timescale, you can make a formal complaint to the council, refer the matter to the Local Government and Social Care Ombudsman, or (where a decision on whether to issue a plan has been made) appeal to the SEND Tribunal. The charity IPSEA (ipsea.org.uk) provides free legal advice and template letters for families in this situation.

Common EHCP myths

Do I need the school to apply for an EHCP?

No. A parent, or a young person aged 16 to 25, can ask the council for an EHC needs assessment directly. The school does not have to agree, and does not need to be involved for you to apply.

Do I need a diagnosis?

No. Eligibility is needs-based, not diagnosis-based. A local authority cannot refuse to assess solely because your child does not have a diagnosis.

Do I have to try SEN Support for a set time first?

No. There is no statutory minimum number of rounds or terms of SEN Support that you must complete before you can ask for an assessment. Some councils wrongly insist on a set number of cycles first, but that is not a legal requirement, and a refusal on that basis alone can be challenged.

If the council refuses, is that the end of it?

No. You have the right to appeal to the SEND Tribunal, which finds in families' favour in the large majority of cases. Our how-to-apply guide explains the steps under "What if the council refuses to assess?".

Are EHCPs only for children in special schools?

No. An EHC plan can name a mainstream school, and many children with plans are educated in mainstream settings.

Is my child too old, or is it too late?

EHC plans cover children and young people from birth to age 25. You can request an assessment whenever the level of need calls for it.

Does my child have to be behind academically?

No. Special educational needs span four broad areas: communication and interaction; cognition and learning; social, emotional and mental health; and sensory or physical needs. A child can need support in any of these, not just for falling behind academically.

Do I need to pay for a solicitor or private reports?

No. Applying for an assessment and appealing to the SEND Tribunal are free, and IPSEA and your local SENDIASS offer free support. Private reports can help but are not required.

Outside England?

EHCPs are part of the law in England only. In Wales the equivalent is the Individual Development Plan (IDP); in Scotland, additional support for learning and the Co-ordinated Support Plan; in Northern Ireland, the statementing process.

EHCP Guide: Education, Health and Care Plans Explained | SENlens