When your child needs additional support at school, it can be difficult to know where to start when it comes to asking for help. Applying for an Education, Health, and Care Plan (EHCP) can seem like a minefield so I’m very grateful to Genevieve McNamara who is a SEND tutor, for writing this guide and sharing what an EHCP is and how to apply for one.
Supporting your child
Supporting a child with Special Educational Needs and Disabilities (SEND) can be challenging, but knowing about the support available through an Education, Health, and Care Plan (EHCP) can have a tremendous impact on your child’s education and well-being.
An EHCP is a legal document that outlines the educational, health and social care needs your child has, what support will help them thrive and where that support will come from. It also gives you the right to request a place at a specific nursery, school or college. Here’s everything you need to know to start the process and secure the support your child deserves.
What is an EHCP?
An EHCP is designed for children and young people aged 0-25 who need more help than their school can normally provide. It identifies specific needs, desired outcomes, and the type of support necessary to meet those needs. Importantly, an EHCP is legally binding meaning that the local authority must provide the support outlined in the plan.
But remember, even without an EHCP, schools are still responsible for making reasonable adjustments to help your child fully participate in school life.
Who Can Request an EHCP?
The process starts with a request, which can be made by:
- Parents or carers
- Young people themselves (aged 16-25)
- Your child’s school or nursery
- Health or social care professionals who work closely with your child, like doctors or health visitors
How to Request an EHCP
To begin the process, you need to request an EHC Needs Assessment from your local authority (LA). This request can be made:
- Online: Many LAs have an online form on their website.
- By letter: Include a description of your child’s needs and why you believe an EHCP would be beneficial.
- Through your child’s school: Often, schools will support you by initiating the request if they feel it’s appropriate.
What Happens Next? The EHCP Timeline
1. The Initial Decision (6 weeks)
When the local authority receives your request, they must consider whether your child has or may have special educational needs (SEN) and if additional provisions beyond what’s ordinarily available in school may be necessary. This decision process is guided by Section 36(8) of the Children and Families Act 2014:
The local authority must secure an EHC Needs Assessment for the child or young person if, after having regard to any views expressed and evidence submitted, the authority is of the opinion that:
- The child or young person has, or may have, special educational needs; and
- It may be necessary for special educational provisions to be made for the child or young person through an EHC Plan.
Within six weeks, the LA must let you know whether they’ll proceed with an EHC Needs Assessment. If they decide not to assess, they must explain why, and you have the right to appeal this decision.
2. The Assessment (up to 16 weeks)
If the LA agrees to assess, they will gather information from a range of professionals who know your child, such as teachers, healthcare providers and therapists. By the end of this period, the LA will either:
- Issue a draft EHCP, or
- Notify you that they’ve decided not to issue a plan, with an explanation and notify you of your right to appeal the decision.
3. Draft EHCP
If the local authority sends you a draft EHCP, you have 15 days to review it. This draft gives you a chance to confirm that everything accurately reflects your child’s needs and the provisions recommended by professionals, as well as request a specific school. Be sure to check:
- Whether all of your child’s identified needs and professional recommendations are included.
- That the outcomes (or goals) are specific, measurable, achievable, relevant, and time-based.
- That provision details are clear, covering the type, amount, frequency of support, and necessary expertise.
4. Final EHCP Issued (within 20 weeks)
After making any final changes, the local authority will issue the final EHCP within 20 weeks of your initial request. Review it just as carefully as you did the draft to ensure it reflects your feedback and that the right school is listed in the plan.
5. Appealing a Decision
If the Local Authority decides not to assess, not to issue or you’re unhappy with the contents of the final EHCP, you can appeal these decisions and the next steps are:
Contact a Mediation Advisor
- Call the mediation advisor within 2 months of the decision/letter (details will be on the LA decision letter)
- Tell the mediation advisor what you want to do. If you don’t want to try mediation, they will issue you a certificate within 3 working days, which will allow you to make an appeal.
- If you do want to mediate, tell the mediation advisor and the LA- they will arrange mediation within 30 days
- Mediation is designed to be a less formal and faster way to resolve issues. The LA is required to send a representative with decision-making authority. Any agreement you reach here is legally binding.
- If the matter isn’t resolved through mediation, you can proceed with an appeal to the SEND Tribunal, where you’ll have the chance to present your case.
- File an Appeal (Refusal to Assess: Form SEND35A, All other EHCP appeals: Form SEND35) with the SEND Tribunal, providing relevant evidence that demonstrates why your child needs an EHCP. Useful documentation may include reports from Educational Psychologists, Speech and Language Therapists, or other specialists who are familiar with your child’s needs.
The journey toward securing an EHCP can feel complex, but the plan’s long-term benefits make it worth every step. Your advocacy and involvement can make a world of difference in setting your child up for success.
How I can help
If you’re unsure about any stage, there are resources that can help. Charities like IPSEA and SOS!SEN offer guidance, and as an advocate at SEND Teach, I’m available for a free 30-minute consultation to help you navigate the process. I can also support you through all stages, from application to appeal and have created this flowchart that shows all of the steps. For more information, please visit my website or contact me via email.
Head to the parenting section to read more articles about getting the right support for your child.
