Getting a Child's EHCP from Scratch

Signs that SEN Support alone may not be enough: child's progress is significantly behind peers despite interventions; emotional regulation difficulties affecting learning; multiple professionals involved (SLT, OT, paediatrician, CAMHS); the school has used multiple Pupil Premium funded interventions without significant progress; persistent attendance or behaviour issues linked to unmet needs; significant social communication or sensory needs. The legal test: needs that 'require provision in addition to or different from' what is generally available.

Meet the school's SEN Coordinator (SENCO) to discuss concerns. SEN Support is the level of support funded from school resources before an EHCP. The SENCO must follow the SEN Code of Practice graduated approach: Assess > Plan > Do > Review. Document each cycle. If SEN Support is insufficient — usually after 2-3 cycles or 6-12 months — start gathering evidence for EHCP. Keep the SENCO informed of your decision to request statutory assessment.

Get school evidence: SEN Support plan history, intervention records, progress data, teacher statements. Get professional reports: educational psychologist (school-commissioned or private £500-£1,200), speech and language therapy, occupational therapy, paediatrician letter, CAMHS letters. Keep a parent diary for 4-6 weeks showing daily impact. Write a 1-2 page parent statement covering needs, history, what you want for the child. This evidence supports the application and is critical at tribunal if needed.

Write to the local authority SEN team requesting statutory assessment under section 36 Children and Families Act 2014. Use the IPSEA template letter (ipsea.org.uk). Attach all school and professional evidence. Send by recorded delivery and email. The LA has 6 weeks to decide whether to assess. About 75% of requests proceed to assessment; the remainder refuse at this stage.

The LA commissions assessment from: an educational psychologist; the school; the child's GP or paediatrician; SLT/OT/specialist health if relevant; you as parent (your views are evidence). The LA collects this within 16 weeks. The LA then decides whether to issue an EHC plan. About 80% of assessments result in a plan; the remainder receive a refusal. Both decisions are appealable.

If the LA decides to issue, they draft an EHC plan with sections A-K. You have 15 days to comment. Critical sections to check: Section B (needs — must include EVERY identified need); Section F (provision — must be specific, quantified, clear); Section I (school — name your preferred school). Push back hard on vague Section F. The LA can amend before finalising. Mediation is available at this stage.

The LA must finalise the plan within 20 weeks of the original request (statutory deadline). The final plan is binding on the school named in Section I. If you disagree with the final plan (sections B, F, I), appeal to SENDIST within 2 months. About 95% of SENDIST appeals succeed in whole or part — particularly on naming a specialist school or making Section F more specific. Use IPSEA, SOS!SEN, or specialist solicitors for the appeal.

Once the EHC plan is in place: the named school is funded by the LA to deliver Section F provision; you can request a copy of the school's individual provision map; annual reviews are mandatory (more frequent if needs change). Each annual review is an opportunity to amend the plan if needed. The plan continues to age 25 if the young person is in education. SENDIST appeals can be made at each annual review outcome.