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EHCP Explained — A Complete Parent’s Guide

11 min read · Last reviewed October 2024 · Not legal advice

Based on current SEND Code of Practice and GOV.UK guidance. Reviewed October 2024. Not legal advice — for legal support contact IPSEA.

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EHCP — questions to ask

A printable question sheet for the SENCO and the local authority. Take it into every meeting — written questions get written answers.

PDF · free · no email required

1. What is an EHCP?

An Education, Health and Care Plan is a legal document produced by your local authority that describes a child or young person’s special educational needs and the support they must receive. Unlike a school’s internal SEN support plan, an EHCP is legally binding — the support written in Section F must be provided. EHCPs cover children from birth to age 25 and apply across education, health and social care.

2. Does my child need an EHCP?

An EHCP is appropriate when a child’s needs cannot be met through the school’s usual SEN support. There is no diagnosis required to request an assessment — the request is based on need, not label. Children with autism frequently qualify, particularly where they need specialist provision, 1:1 support, or a school placement the local authority must fund.

3. How to request an EHCP assessment

You can request an EHCP assessment yourself — you do not need the school’s permission or agreement. Write to the SEND team at your local authority (find them via your council’s website). State clearly: your child’s name, date of birth, school, and why you believe they need an EHC needs assessment. Include any existing reports, diagnoses, or school documentation.

Important

Your request starts the clock. The local authority must decide within 6 weeks whether to carry out an assessment. If they agree to assess, the full process must be completed within 20 weeks.

4. What happens during the assessment?

The local authority gathers evidence from: you (parental views), your child (child’s views — critically important), the school, educational psychology, and relevant health and social care professionals. You have the right to provide your own reports and supporting evidence.

5. The sections of an EHCP (A through K)

Section F is where the plan is won or lost

Vague language (“support as appropriate”) is not legally enforceable. Push for specific hours, frequency, and professional qualifications.

6. If the local authority refuses to assess

They must give reasons. You can appeal to the SEND Tribunal (SENDIST) — free to use. IPSEA (ipsea.org.uk) provides free legal advice for appeals. The refusal rate for tribunal appeals is around 89% in favour of parents.

7. Annual reviews

EHCPs must be reviewed at least annually. You can request an early review at any time if your child’s needs have changed. Use the annual review to update Section F — needs change as children grow.

8. Transition — Year 9 and beyond

From Year 9 (age 13–14), the annual review must focus on preparation for adulthood. EHCPs can continue until age 25 for those in education or training.

9. Getting help with the EHCP process

  • IPSEA: free legal advice, ipsea.org.uk
  • Contact: 0808 808 3555
  • SEN SOS: sensos.org.uk
  • SENDIASS: your local authority’s free impartial advice service

10. Common questions

EHCP Questions to Ask

Questions for the school SENCO and the local authority — print before any meeting.

1 page · 3 KB · PDF

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