Your child's teacher mentions "SEN Support." The paediatrician writes "consider EHCP" in a letter. Another parent at the school gate says their child has one. And you're left wondering what any of it actually means.
An Education, Health and Care Plan (EHCP) is one of the most important documents in the SEND system. It can change your child's school experience completely. But it's also surrounded by confusion, gatekeeping, and a process that feels deliberately hard to navigate.
Here's what you actually need to know.
What is an EHCP?
An EHCP is a legal document that describes your child's special educational needs and sets out exactly what support they must receive. It covers education, health, and social care in one plan.
The key word is legal. Unlike a school's informal support plan, an EHCP is enforceable. Your local authority (LA) is required by law to deliver what's written in it. If they don't, you can hold them to account.
EHCPs are set out in Part 3 of the Children and Families Act 2014, which replaced the old system of Statements of SEN. They cover children and young people from birth to age 25, though most plans are issued during school years.
That number is growing every year. If your child needs one, you're far from alone.
What's actually in an EHCP?
An EHCP has several sections, each covering a different area. The ones that matter most to families are:
Section B describes your child's special educational needs. This should be detailed and specific, not vague statements like "has difficulty with literacy."
Section F sets out the educational provision your child must receive. This is the section with teeth. It should include specific, quantified support, like "45 minutes of speech and language therapy per week delivered by a qualified therapist." Vague wording like "access to therapy as needed" isn't good enough.
Section I names the school or setting your child will attend.
Sections C and D cover health needs and social care needs. Sections E and G cover the health and social care provision to meet those needs.
Every need listed in Section B must have matching provision in Section F. If there's a need without provision, the plan has a gap that you should challenge.
SEN Support vs EHCP: what's the difference?
This is where most confusion starts. There are two levels of support for children with special educational needs in England, and they work very differently.
SEN Support is what your child's school provides from its own resources. The school identifies your child's needs, puts support in place, and reviews it regularly using the "assess, plan, do, review" cycle described in the SEND Code of Practice.
SEN Support can include things like small group work, adapted materials, extra time in lessons, or support from a teaching assistant. About 13% of pupils in England are on SEN Support.
An EHCP goes further. It's for children whose needs can't be met through SEN Support alone. It brings legal duties, ring-fenced funding, and the right to appeal if things go wrong.
The short version: SEN Support is what the school does. An EHCP is what the law requires.
Does my child need an EHCP?
Not every child with SEND needs an EHCP. Most children with SEN do well on SEN Support, especially when the school gets it right.
An EHCP is worth considering when:
- Your child's needs are complex or long-term, involving multiple areas (learning, communication, behaviour, sensory processing, physical needs)
- SEN Support isn't enough despite the school trying different approaches
- Your child needs specialist provision that goes beyond what a mainstream school can provide from its own budget
- Multiple professionals are involved (speech therapist, occupational therapist, educational psychologist, CAMHS)
- Your child's progress has plateaued despite interventions being in place
- You're considering a specialist school placement (most require an EHCP)
And it's equally important to know when an EHCP probably isn't needed:
- Your child has a specific difficulty that the school is managing well
- SEN Support is in place and working
- Your child is making good progress with current support
- The school is responsive and adapting as needed
You don't need a diagnosis to get an EHCP. The law is based on needs, not labels.
This is one of the biggest misconceptions. Under section 20 of the Children and Families Act 2014, a child has SEN if they have a "learning difficulty or disability which calls for special educational provision." There's no mention of diagnosis anywhere in that definition.
What does the legal test actually say?
Under section 36 of the Children and Families Act 2014, the LA must agree to assess your child for an EHCP if two things are true:
- Your child has or may have special educational needs
- It may be necessary for special educational provision to be made through an EHCP
Both parts of the test use the word "may." The threshold is deliberately low. The LA doesn't need to be certain your child has SEN or certain they need a plan. If there's a realistic possibility, the test is met.
If your LA has refused to assess and used any of the criteria marked with a warning above, that refusal may be unlawful. You have the right to appeal to the SEND Tribunal.
What about the refusal rates?
Let's be honest about this. Getting an EHCP assessment isn't always straightforward.
When parents request an assessment, about half are refused. When schools request one, only about a fifth are refused. That disparity isn't because parent requests are weaker. It's often because LAs apply unlawful criteria that schools know to push back on.
But here's the number that matters most:
The system is weighted against you at the initial request stage, but the law is on your side if you persist.
How does the EHCP process work?
The full process from request to final plan should take no more than 20 weeks. Here's what happens:
Keep these deadlines firmly in your mind when tracking your LA's progress.
Many LAs miss the 20-week deadline. Court rulings have confirmed these are "hard-edged" deadlines, not targets. If your LA is late, put it in writing that you expect the statutory timeline to be met.
What happens if you're refused?
A refusal to assess is not the end. You have two options:
Mediation is a required first step before most tribunal appeals. You contact a mediation adviser (details will be on the refusal letter), and you can either participate in mediation or simply get a certificate confirming you've considered it. You don't have to actually mediate. The certificate is usually issued within 3 working days if you decline.
SEND Tribunal is an independent panel that reviews the LA's decision. You have 2 months from the refusal letter (or 1 month from your mediation certificate, whichever is later) to appeal. The tribunal applies the law, not the LA's local policy.
For more detail on the request process, including what evidence to include and template letter tips, see our upcoming guide: How to Request an EHCP Assessment.
Getting help
You don't have to navigate this alone. Several organisations provide free, expert support.
IPSEA (Independent Provider of Special Education Advice) is the leading charity for SEND law advice. They have a legal advice line, template letters for every stage of the EHCP process, and detailed guides on your rights. If you're going to bookmark one website, make it this one.
SENDIASS (SEN and Disabilities Information, Advice and Support Service), coordinated by the Council for Disabled Children, operates in every local authority area. Your local SENDIASS can attend meetings with you, help you understand the process, and support you through appeals. The service is free and impartial.
Contact supports families of disabled children with practical information and emotional support. They run a free helpline and have guides covering education, benefits, and social care.
How our free tool can help
The free AI assistant at SEND Parents Help covers EHCPs in depth. You can ask it about your specific situation, whether you're thinking about requesting an assessment, reviewing a draft plan, or challenging a refusal.
It can help you understand what the legal test means for your child, check whether your LA's reasons for refusal are lawful, and think through what evidence would strengthen your case.
The bottom line
An EHCP is a powerful document. It turns "the school should help" into "the law says they must." But not every child needs one, and the process isn't always straightforward.
If your child's needs aren't being met by SEN Support, and the school has tried and can't provide what's needed from its own resources, an EHCP assessment is worth pursuing. The legal test is low. The tribunal success rate is overwhelming. And there are people ready to help you through every step.
Your child's needs are real. The support should be too.
Sources and further reading
Legislation and official guidance
- Children and Families Act 2014, Part 3 (the legal framework for EHCPs)
- Children and Families Act 2014, section 36 (the legal test for EHC needs assessment)
- SEND Code of Practice (statutory guidance on the EHCP process)
Statistics
- SEND Tribunal Statistics, 2024-25 (tribunal appeal success rates)