A plain-English guide to Education, Health and Care Plans — who qualifies, how to apply, what the law says, and what to do when the system lets you down.
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.
An EHCP is not just a document — it is a legal entitlement. Once issued, the provision in Section F must be delivered. If it is not, the LA is breaking the law.
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:
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.
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:
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.
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:
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.
If the LA decides not to carry out an EHC needs assessment, it must explain its reasons in writing. You then have two options:
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.
The most common mistake parents make is waiting. The LA has statutory deadlines. Every week you wait without chasing is a week of entitlement your child is not receiving.
An EHCP has sections A through K. The most important for enforcement are:
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.
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.
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 →
Pathway puts the full weight of government data, AI-generated legal documents, and statutory deadline tracking behind every family — for less than the cost of an hour with a solicitor.