What an EHCP actually is
An Education, Health and Care Plan (EHCP) is a legally binding document, issued by your local authority, that sets out a child or young person's special educational needs and the provision the council must make to meet them. It runs from birth to 25 where needed. Unlike SEN Support (which a school can withdraw at any time), the provision in Section F of an EHCP must be delivered by the council as a matter of law.
EHCPs exist under Part 3 of the Children and Families Act 2014 and the SEND Code of Practice 0–25.
Who can request one
Under section 36 of the Act, a request for an EHC needs assessment can be made by:
- A parent of a child aged 0–15.
- The young person themselves, aged 16–25.
- Anyone working with the child — school SENCO, headteacher, GP, paediatrician, health visitor, social worker.
You do not need the school to agree, and you do not need their permission. Parents make most successful requests directly to the council's SEND team.
Evidence to gather first
- Any school reports, IEPs, SEN Support plans, or pupil passport documents.
- Attendance records (relevant if anxiety or sensory issues affect attendance).
- Letters from any clinician — GP, paediatrician, CAMHS, speech and language therapist, occupational therapist.
- Any private assessment reports (educational psychologist, autism, ADHD).
- Examples of unmet need — incident logs, behaviour reports, work that is years below age-expected.
- A short parent statement (1–2 pages) describing a typical school day, sleep, regulation, and what does not work.
You do not need everything before you request. The council must gather the formal evidence during the assessment — your job is to make the case that an assessment is needed.
The formal request letter
Send a written request (email is fine) to the SEND team at your local authority. The letter should:
- Be addressed to the SEND team and cite section 36 of the Children and Families Act 2014.
- State your child's full name, date of birth, school, year group, and NHS number where relevant.
- Set out the special educational needs you believe they have — in everyday language, not jargon.
- Explain why the school's SEN Support has not been enough.
- Attach the evidence above.
- Ask for a written acknowledgement and confirmation of the decision date.
Keep a copy and the date sent. If Finally Seen writes the letter, it is structured around section 36 with the council's own Local Offer cited, which the SEND team have to engage with.
The 20-week timeline
- Weeks 0–6. Council decides whether to assess. If yes, the formal assessment begins.
- Weeks 6–16. Council gathers reports from school, an educational psychologist, health and (if relevant) social care.
- Week 16. Council decides whether to issue an EHCP.
- Weeks 16–18. Draft plan sent to you. You have 15 days to comment and request changes.
- Week 20. Final EHCP issued. Legal duty to deliver Section F starts.
If the council misses the 20-week deadline without good reason, that is maladministration. You can complain to the council's monitoring officer and then to the Local Government and Social Care Ombudsman.
The draft plan: what to push back on
The draft is your chance to fix the plan before it becomes legally binding. Focus on:
- Section B (needs). Must list every need identified in the evidence. Vague language ("difficulties with regulation") becomes a loophole — push for specific, named needs.
- Section F (provision). Must be specific and quantified — "15 hours per week of 1:1 support from a TA trained in autism" not "appropriate support". This is the only section the council is legally bound to deliver.
- Section I (placement). You can name a state-funded school of your choice and the council must consult them. There are narrow legal grounds on which they can refuse.
If the council refuses
You can be refused at three points: refusal to assess (after 6 weeks), refusal to issue a plan (at week 16), or disagreement with the final plan (after week 20). All three are appealable to the SEND First-tier Tribunal within 2 months. Full walkthrough in our EHCP appeal & SEND Tribunal guide.
Parent win rates at SEND Tribunal are extremely high — ~96% for refusal-to-assess, ~98% for refusal-to-issue, ~90% for content of the plan (IPSEA / DfE tribunal stats). Most councils concede before the hearing.
Frequently asked questions
›Who can request an EHC needs assessment?
Under section 36 of the Children and Families Act 2014, a parent, the young person themselves (16–25), or anyone working with the child (school SENCO, GP, paediatrician) can request an assessment from the local authority. The council must respond within 6 weeks.
›Do I need a diagnosis to apply for an EHCP?
No. The legal test is whether the child has or may have special educational needs that call for special educational provision. A formal diagnosis (autism, ADHD, etc.) is not required, although evidence of need always helps.
›How long does an EHCP take from request to final plan?
The statutory maximum is 20 weeks from the date of the assessment request. In 2023/24 only ~50% of councils met this deadline (DfE statistics). You can complain to the Local Government Ombudsman if your council misses it without good reason.
›What if the council refuses to assess?
You have a right of appeal to the SEND First-tier Tribunal within 2 months of the refusal. ~96% of parents who appeal refusal-to-assess decisions win or have the council concede before hearing (IPSEA / DfE tribunal stats).
›Is the school's support plan (SEN Support) the same thing?
No. SEN Support is non-statutory and only commits the school's own resources. An EHCP is a legally binding document that the council must fund. If SEN Support has not been enough, that is itself evidence for an EHCP needs assessment.