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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.

The council can go past 20 weeks only in the cases regulation 10(4) lists, such as a school closed for 4 weeks or more delaying its advice, or the child or family being away from the area for 4 weeks or more. Nationally, fewer than half of new plans met the 20-week deadline in 2025, 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.

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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. In the 2024 to 2025 school year, 99% of SEND appeals decided by the tribunal went in the appellant's favour, meaning the family won on most or all of the points they appealed (Ministry of Justice, Tribunal Statistics Quarterly). 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 2025. 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.

  • What can I do if the council refuses to assess? +

    You can appeal to the First-tier Tribunal (Special Educational Needs and Disability) under section 51 of the Children and Families Act 2014. The council's refusal letter must tell you about that right and about mediation. In most cases you have to contact a mediation adviser and get a mediation certificate before you appeal, even if you don't want mediation. The tribunal must receive your appeal within 2 months of the date on the decision letter, or within 1 month of the date on the mediation certificate, whichever is later.

    GOV.UK: Appeal an EHC plan decision

    IPSEA: refusal to assess appeals

  • What does the council have to decide? +

    Whether your child has or may have special educational needs, and whether it may be necessary for special educational provision to be made through an EHC plan. If the council thinks both are true, it must carry out an EHC needs assessment (Children and Families Act 2014, section 36(8)). A diagnosis is not part of that test.

    Children and Families Act 2014, section 36

  • Can an EHCP pay for tutoring? +

    A plan pays for the special educational provision written in section F, which the council must secure. You can ask the council for a personal budget for that provision, and direct payments let you arrange it yourself (Children and Families Act 2014, section 49; SEND Code of Practice, paragraphs 9.95 and 9.119). The council can arrange provision outside a school or college only if it is satisfied that making it in one would be inappropriate (section 61). Tutoring that a family arranges privately isn't covered unless it is provision in the plan.

    Children and Families Act 2014, section 49

  • My child is out of school while we wait. What must the council do? +

    The council must arrange suitable education, at school or elsewhere, for a child of compulsory school age who would not otherwise receive it because of illness, exclusion or any other reason (Education Act 1996, section 19). It must be full-time, unless the council considers part-time is in the child's best interests because of their physical or mental health. The duty doesn't depend on an EHC plan. If your child is missing school because of their health, Department for Education guidance says the council should arrange provision as soon as it is clear the absence will reach 15 days, whether those days are in a row or spread over the school year.

    Education Act 1996, section 19

    GOV.UK: Education for children with health needs who cannot attend school

  • 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