Education, Health and Care Plans (EHCPs)

EducationEnglandLast reviewed: 1 April 20256 min

An Education, Health and Care Plan (EHCP) is a legal document for children and young people aged 0–25 with significant special educational needs and disabilities (SEND). It describes the child's needs and the support that must be provided — and it is legally binding.

Important

Education law is largely devolved — rules around admissions, exclusions, and SEN differ significantly between England, Scotland, Wales, and Northern Ireland. This guide covers the law in England unless stated otherwise. Always verify current rules with your local council or an education specialist.

Key points

An EHCP must be completed within 20 weeks of the local authority deciding to carry out a needs assessment.
The EHCP has 13 sections (A–K, plus sometimes additional sections) covering the child's views, needs, education, health, and social care outcomes.
Section B describes educational needs; Section F specifies the educational provision — Section F is legally binding.
Parents can request an annual review and must be consulted before the EHCP is issued or amended.
If the local authority refuses an assessment, refuses to issue an EHCP, or you disagree with the content, you can appeal to the SEND Tribunal (First-tier Tribunal).

Requesting an EHCP Needs Assessment

An EHCP needs assessment can be requested by:

Parents or carers
The child themselves (if aged 16 or over)
The school or educational setting
Other professionals (e.g., GPs, social workers, paediatricians)

Send the request in writing to the local authority's SEND team. Include a description of the child's needs, what has already been tried at school, and any professional reports or evidence you have. The local authority must decide within 6 weeks whether to carry out the assessment. If they agree, the 20-week clock starts from the original request date. If they refuse, you have the right to appeal to the SEND Tribunal.

The 20-Week Process

Once the LA decides to assess, the statutory 20-week timeline begins:

Weeks 1–6: The LA gathers evidence — reports from the school, educational psychologist, health professionals, social care, and the child and family's views.
Week 6 deadline: The LA must decide whether to issue an EHCP. If yes, it drafts the plan; if no, you can appeal.
Weeks 6–16: The LA drafts the EHCP and consults with named schools about whether they can meet the child's needs and whether placing them would be incompatible with the efficient use of resources.
Week 16: The draft EHCP is sent to parents, who have 15 days to comment and request a preferred school.
Week 20: The final EHCP is issued, naming the school agreed upon (or a school the LA determines is appropriate).

Understanding the EHCP Sections

An EHCP must include the following sections:

Section A: The child's views, interests, and aspirations
Section B: The child's special educational needs (SEN)
Section C: The child's health needs relating to their SEN
Section D: The child's social care needs relating to their SEN
Section E: Educational, health, and social care outcomes
Section F: The special educational provision required — this is legally binding and must be specific and quantified (e.g., "30 minutes of speech and language therapy per week")
Section G: Health provision required
Section H: Social care provision required
Section I: The name and type of the educational placement
Section J: Personal budget (if applicable)
Section K: Advice and information gathered during assessment

Parents can appeal to the SEND Tribunal if they disagree with the content of Sections B, F, and I, or if the LA refuses to issue an EHCP.

Appealing to the SEND Tribunal

The First-tier Tribunal (SEND) hears appeals from parents and young people who disagree with local authority decisions about EHCPs. You can appeal if the LA:

Refuses to carry out a needs assessment
Carries out an assessment but refuses to issue an EHCP
Issues an EHCP but you disagree with Sections B (needs), F (provision), or I (placement)
Refuses to amend the EHCP following an annual review, or proposes to cease maintaining it

You must first attend mediation or obtain a mediation certificate (even if you decline mediation) before the Tribunal will accept your appeal. The Tribunal is free for parents to use. You have 2 months from the date of the decision letter to lodge an appeal (or 1 month after obtaining a mediation certificate, if later). SEN legal advice is available from IPSEA, SOS SEN, and specialist solicitors.

Frequently asked questions

Can a school refuse to implement an EHCP?

No. Once an EHCP is finalised and names a school, that school is legally obliged to admit the child and to deliver the provision specified in Section F. Failure to do so is a breach of the statutory duty and can be escalated to the local authority, the LGSCO, or the courts.

What is a personal budget in the context of an EHCP?

A personal budget is an amount of funding identified by the local authority that can be used to purchase some of the provision in the EHCP. Families can request a personal budget for educational provision and social care. This allows more flexibility in how support is delivered. The LA must consider the request and can refuse if it believes the provision would not meet the child's needs or would not represent value for money.

My child is approaching 18 — what happens to their EHCP?

EHCPs can continue until the young person is 25, provided they remain in education or training. At annual reviews from Year 9 onwards, the EHCP must include transition planning for adulthood. The young person gains the right to make decisions in their own name (unless they lack mental capacity) from age 16. At 25, or when they leave education, the EHCP ceases.

How often is the EHCP reviewed?

The EHCP must be reviewed at least annually (an "annual review"). Reviews must involve the child or young person, parents, the school, and relevant professionals. The LA must decide within 4 weeks of the review meeting whether to maintain, amend, or cease the EHCP. You can also request an emergency review if your child's circumstances change significantly.

What to do next

1
IPSEA — free SEND legal advice
Free legal advice and training for families of children with SEND.
2
Request an EHCP assessment — GOV.UK
Official guidance on the EHCP process.
3
Find your local SENDIAS service
Free, independent advice for SEND families.
4
SEN support in mainstream schools
Understanding the graduated approach before seeking an EHCP.

Official bodies and resources

Citizens Advice

Charity

Provides free, confidential, and independent advice on a wide range of issues including benefits, housing, debt, and employment.

Visit website 0800 144 8848

Local Government and Social Care Ombudsman

Ombudsman

Investigates complaints about councils, social care providers, and some other public bodies in England.

Visit website 0300 061 0614

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Disclaimer

This information is for general guidance only and does not constitute legal advice. You should seek qualified legal help if your situation requires it.