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.
EHCP stands for Education, Health and Care Plan: it’s a legally binding document that sets out your child’s special educational needs and the exact support your local authority must provide to meet them. It can change your child’s school experience completely, but most children with SEND don’t require one: your child needs one only if their needs can’t be met through the SEN Support a school provides from its own resources. The process is also surrounded by confusion and gatekeeping, which is exactly why it’s worth understanding clearly from the start.
Here’s what you actually need to know.
What is an EHCP?
An EHCP 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 the support set out in it, unless you’ve made suitable alternative arrangements of your own. 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.
Around 718,800 children and young people in England have an EHCP (DfE, January 2026); among school pupils, 5.3% (about 483,000) have one (DfE, January 2025). 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. Section E sets out the outcomes the plan is working towards. Sections G and H 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 14.2% of pupils in England are on SEN Support (DfE, January 2025).
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.
| SEN Support | EHCP | |
|---|---|---|
| Legal status | School-managed | Legally binding document |
| Who decides | School and parents | Local authority (with input) |
| Funding | From school’s budget | Additional LA funding |
| Specificity | General support plan | Quantified, specific provision |
| Enforcement | No legal right to appeal | Appeal to SEND Tribunal |
| Review | At least 3 times a year | Formal annual review |
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 and language therapist, occupational therapist, educational psychologist (EP), Child and Adolescent Mental Health Services (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. 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.” The law is based on needs, not labels, and there’s no mention of diagnosis anywhere in that definition. If your child is still on a waiting list, there is plenty of support you can put in place without a diagnosis in the meantime.
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.
The key points:
- Your child has or may have SEN. The word “may” means a realistic possibility, not certainty.
- It may be necessary to make provision through an EHCP. Again, “may” sets a low bar.
- No diagnosis is required. The test is about needs, not labels.
- No minimum time on SEN Support. There’s no legal requirement to wait.
- No £6,000 spending threshold. This is a common myth, not a legal requirement.
If your LA has refused to assess and used any of these points as a reason, 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: Special Needs Jungle’s FOI analysis found 50.8% of parent requests were turned down in 2023. 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.
The number that matters most is this: in 2024-25, 99% of decided SEND Tribunal cases were resolved in the family’s favour (SEND Tribunal Statistics, 2024-25). The system is weighted against you at the initial request stage, but if your case reaches tribunal, the odds are overwhelmingly with you. 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:
- You request an assessmentWrite to your LA asking for an EHC needs assessment. Anyone can request: you, the school, or a professional.
- LA decides whether to assessThey have 6 weeks to decide. If they refuse, they must give written reasons.
- Assessment takes placeProfessionals assess your child: educational psychologist, speech therapist, and others as relevant.
- Draft EHCP is issuedYou receive a draft plan to review. Check Sections B and F carefully.
- You respond to the draftYou have at least 15 days to comment, request changes, and name your preferred school.
- Final EHCP is issuedThe LA issues the final plan incorporating your feedback.
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 isn’t 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. Don’t leave it until the last week.
For more detail on the request process, including what evidence to include and template letter tips, see our guide: How to Request an EHCP Assessment.
Getting help
You don’t have to navigate this alone. Several organisations provide free, expert support.
Independent Provider of Special Education Advice (IPSEA) 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.
Special Educational Needs and Disabilities Information, Advice and Support Service (SENDIASS), 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.
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.