How to get an EHCP for your child

What is an EHCP?

An Education, Health and Care Plan (EHCP) is a legal document that sets out the special educational, health, and social care needs of a child or young person — and the support that must be provided to meet those needs. It is issued by the local authority (LA) and is legally binding once finalised.

EHCPs were introduced by the Children and Families Act 2014, replacing the old Statement of Special Educational Needs. They cover children and young people from birth to age 25, and unlike the old statement system, they are supposed to be holistic — addressing health and care needs alongside educational ones.

As of January 2025, 638,700 children in England have an EHCP — roughly 1 in every 20 pupils. Demand has risen by 250% since the 2014 reforms, and the system is under severe pressure. Only 46.4% of plans are issued within the statutory 20-week deadline.

Does my child qualify for an EHCP?

Your child may qualify for an EHCP if they have special educational needs (SEN) that cannot be adequately met through the support that is ordinarily available in a mainstream school setting (known as SEN Support).

There is no diagnosis requirement. A child does not need a formal diagnosis of autism, ADHD, dyslexia, or any other condition to qualify. The question is whether their needs — whatever causes them — require provision beyond what the school can reasonably provide from its own resources.

The key questions the LA must consider are:

• Does the child have SEN as defined in Section 20 of the Children and Families Act 2014?
• Are those needs such that it may be necessary for special educational provision to be made in accordance with an EHC plan?

The SEND Code of Practice (2015) is clear: the LA must carry out an EHC needs assessment if it may be necessary. The threshold is deliberately low. If there is a realistic possibility that an EHCP is needed, the assessment must proceed.

Who can request an EHC needs assessment?

Many parents assume the school must request an EHCP on their behalf. This is not the case. You have the right to request an EHC needs assessment yourself, directly from your local authority.

Under Section 36 of the Children and Families Act 2014, a request can be made by:

• A parent or carer
• A young person aged 16 to 25
• A school, college, or other educational institution
• Any professional involved in the child's care (health, social care, etc.)

If your school is reluctant to request an EHCP — or has been putting it off — you can go directly to the LA yourself. The school's willingness to cooperate does not affect your right to request.

What happens after you request an assessment?

Once the LA receives your request, it has 6 weeks to decide whether to carry out an EHC needs assessment. It must notify you of its decision in writing.

If it agrees to assess, the full process — from the date of your original request to the final EHCP being issued — must be completed within 20 weeks. During this time, the LA gathers advice from:

• The child's school or early years setting
• An educational psychologist (EP)
• Health services (GP, consultant, therapists)
• Social care (if involved)
• You, the parent — your views are a statutory requirement, not optional
• The child themselves (where appropriate)

You will be sent a draft EHCP and given 15 calendar days to review it and submit comments. This is one of the most important stages — if the draft is vague or incomplete, you must push back before it is finalised.

What if the LA refuses to assess?

If the LA decides not to carry out an EHC needs assessment, it must explain its reasons in writing. You then have two options:

• Mediation: you can request mediation with the LA to try to resolve the disagreement. You must attempt mediation (or obtain a certificate exempting you) before appealing to tribunal.
• Appeal to the SEND Tribunal: if mediation fails, you can register an appeal with the First-tier Tribunal (SEND). Parents win approximately 95–99% of tribunal cases.

You have two months from the date of the LA's decision to register a tribunal appeal (or one month from the mediation certificate, if later). Missing this deadline means starting again from scratch.

What a good EHCP looks like

An EHCP has sections A through K. The most important for enforcement are:

• Section B — the child's special educational needs. Must be detailed, specific, and evidence-based.
• Section F — the special educational provision to meet those needs. This is the legally binding part. Provision must be specified and quantified — not vague.
• Section I — the educational placement. Must name the specific school or setting.

A common LA tactic is to write vague provision into Section F — phrases like "access to support", "regular therapy", or "as appropriate". Vague provision is not enforceable. If it does not specify frequency, duration, and the qualification of the person delivering it, challenge it.

How Pathway helps

Pathway is an AI-powered EHCP support tool built specifically for UK parents navigating the EHCP system. It is built on real government data from all 152 local authorities, the Children and Families Act 2014, and the SEND Code of Practice.

• Run a free qualification check to see if your child is likely to qualify
• Generate an AI-drafted EHC needs assessment request letter based on your child's needs
• Track statutory deadlines automatically — never miss a 6-week or 20-week window
• Upload evidence and have it organised and summarised for your application
• Check your child's EHCP quality against the legal standard with our EHCP Quality Checker
• Prepare for tribunal if the LA refuses or the plan falls short

The free tier lets you run the qualification check and access the statutory timeline reference. Paid plans start from £12.99/month and include the full application letter generator, evidence vault, and unlimited quality checks. See full pricing →