Getting an EHCP: What Every Parent Needs to Know About the Process in 2026

An Education, Health and Care Plan (EHCP) is a legally binding document that describes a child's special educational needs and the provision required to meet them. For families of children with significant SEND, it can be the difference between a child who receives the right support and one who spends years struggling unnecessarily. The process of getting one is, for many families, a source of significant stress, delay and frustration. This is the guide to navigating it effectively.

What an EHCP Is and Who Needs One

An EHCP replaced Statements of Special Educational Needs in 2014. It covers children and young people from birth to age 25 who have special educational needs or disabilities that cannot be met by the support ordinarily available in a mainstream school. It is a legal document: once an EHCP is finalised, the local authority is legally required to arrange the provision specified in it. This enforceability is its critical value.

Not every child with SEND needs an EHCP. Children whose needs can be met through the school's existing SEND provision do not require one. An EHCP is for children with more complex or significant needs: severe autism, significant learning difficulties, physical disabilities requiring specialist equipment, complex communication needs, or any combination of factors that means a mainstream setting cannot meet their needs without additional, funded provision.

Step 1: Requesting an EHC Needs Assessment

Any parent, young person over 16, school or other professional can request an EHC needs assessment from the local authority in writing. The LA must respond within six weeks, either agreeing to assess or refusing with reasons. If they refuse, you have the right to appeal to the SEND Tribunal. The most common reason for refusal is insufficient evidence that existing support has been tried and found insufficient — so before requesting, ensure the school has documented support provided, outcomes achieved and evidence of need. A school-based or private educational psychologist report significantly strengthens a request.

Step 2: The Assessment Process

If the LA agrees to assess, they gather reports from education (usually an educational psychologist), health and social care as relevant. You have the right to submit evidence yourself. The assessment must consider all needs: educational, health, social, emotional and sensory. The LA has 16 weeks from the initial request to issue a draft EHCP.

Step 3: Reviewing the Draft EHCP

The draft EHCP is sent to you for comment. Section B (special educational needs) and Section F (educational provision) are most critical. Section F must be specific, quantified and enforceable — it must say how much support (hours per week), by whom (qualifications required), in what setting. Vague language like "regular specialist input" is unenforceable. Specific language like "30 minutes per week of structured reading intervention from a specialist dyslexia-qualified teacher" is enforceable.

If you disagree with the final plan, you can appeal to the SEND Tribunal. Appeals have a high success rate — around 96% of cases that reach the Tribunal are resolved in the family's favour, often through mediation before the hearing.

Annual Reviews and Transitions

An EHCP must be reviewed annually. At key transition points — particularly Year 6 to Year 7, and Year 11 to Year 12 — the review should specifically address what provision will be available in the new setting. Do not assume provision will automatically replicate what was in place previously. For parents whose children are also at risk of exclusion, our article on supporting your child through school exclusion addresses the SEND-behaviour intersection. Our articles on dyslexia and ADHD provide specific condition context.

Frequently Asked Questions

What happens if the local authority takes longer than 20 weeks?

Exceeding the statutory 20-week deadline is unlawful. Write to the LA formally noting the breach and requesting a revised timeline. If unresolved, complain to the Local Government and Social Care Ombudsman. Many LAs breach this routinely; persistent, documented pressure is more effective than accepting delay.

Can I request a specific school in the EHCP?

Yes. Section I names the school. You have the right to request a specific school, including an independent specialist school. The LA must comply unless the school is unsuitable, the placement adversely affects other children, or it would be an inefficient use of resources. These grounds are limited and can be challenged.

My child has an EHCP but the school is not providing what Section F specifies. What can I do?

A formal complaint to the school and LA in writing is the first step. If unresolved, the SEND Tribunal can order provision to be made. Local Government Ombudsman complaints are also effective for systemic non-implementation.

Does an EHCP automatically transfer to the next school?

The EHCP transfers with the child, but the specific provision may need updating to reflect the new setting. The transition review is the mechanism for ensuring this. Do not assume provision will continue unchanged automatically.