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What is an EHCP?

An education, health and care plan is a legal document for children and young people up to 25 whose needs go beyond what a school can normally provide. It describes the child's needs, the support that must be provided, and the placement. The council has legal deadlines at every step, and this guide walks through them.

The basics

EHCP stands for education, health and care plan. It exists in England only and is issued by your local authority, not by the school. Unlike informal SEN support, an EHCP is legally enforceable: section F of the plan lists provision the council must secure, and section I names the school or setting. Around 5% of pupils in England now have one, up from under 3% a decade ago.

The process and its deadlines

The Special Educational Needs and Disability Regulations 2014 set a clock on each stage, counted from the day the council receives a request for an EHC needs assessment:

  • Week 6 is the deadline for the council to tell you whether it will carry out an assessment (regulation 5).
  • Week 16 is when the council must say whether it intends to issue a plan, if it assessed.
  • Week 20 is the deadline for the final plan (regulation 13). You get at least 15 days to comment on the draft before it is finalised.

Limited exceptions exist, for example where the family asks for more time or the child is away for a long period. They are narrower than councils sometimes suggest. Nationally, fewer than half of new plans met the 20-week deadline in 2024, and the spread between councils runs from under 10% to over 90%. Look up your council's record before you start; knowing the local pattern helps you plan and helps you push back.

What goes in a plan

The plan is split into lettered sections. The ones that carry the most weight are section B (the child's special educational needs), section F (the provision that must be made, which should be specific and quantified rather than vague), and section I (the named placement). Health and social care needs and provision get their own sections. Annual reviews are mandatory, and the council must give its decision within 4 weeks of each review meeting.

When the council says no, or runs late

Every refusal point carries a right of appeal to the SEND Tribunal, with free mediation available first. Most decided appeals succeed at least in part. IPSEA's template letters cover the common situations, including a late decision and a late plan, and every council funds a free SENDIASS advice service that is independent of its SEND team.

The system is changing

In February 2026 the government set out plans to reshape this system: new individual support plans for all children with SEND, and EHCPs eventually reserved for the most complex needs. Nothing changes immediately, and the deadlines on this page still apply in full today. Read what the reforms actually say.

About this guide

This page describes the statutory framework in factual terms and is not legal advice. The statistics quoted are from the Department for Education's annual EHC-plans release. Contains public sector information licensed under the Open Government Licence v3.0.

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Common questions

  • How long does an EHCP take? +

    The legal maximum is 20 weeks from your request to the final plan, with a decision on whether to assess due within the first 6 weeks. In practice many councils miss this: nationally, fewer than half of new plans were issued within 20 weeks in 2024. Our report cards show your own council's record.

  • Who can ask for an EHC needs assessment? +

    A parent, a young person aged 16 to 25, or the school or college can ask the local authority directly. You do not need the school's permission, and you do not need a diagnosis first. The request itself can be a short letter or email to the council's SEND team.

  • Does my child need a diagnosis to get an EHCP? +

    No. The test is whether the child may have special educational needs that could call for provision beyond what the school can normally offer, not whether a diagnosis exists.

  • What if the council refuses to assess? +

    Refusal is common in some areas and rates vary enormously between councils. You have a right to mediation and to appeal to the SEND Tribunal, and most decided appeals are found at least partly in the family's favour.

  • Is an EHCP the same as SEN support? +

    No. SEN support is what schools provide from their own resources without a legal plan. An EHCP is a legal document the council must secure provision against. The 2026 reform plans also introduce individual support plans (ISPs), which will sit alongside this system as it changes.

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Written by Robert S. Last reviewed