When a child is struggling in school and their needs cannot be fully met by routine classroom support, the Education, Health and Care (EHC) plan becomes one of the most important documents in their educational life. Yet many parents describe navigating the SEND system as one of the most confusing and exhausting experiences they have faced. This guide explains how SEND support works in England, who qualifies for an EHC plan, how to request one, and what parents can do when they feel their child’s needs are not being met.
What Is SEND? Understanding Special Educational Needs and Disabilities
A child or young person has Special Educational Needs and Disabilities (SEND) if they have a learning difficulty or disability which calls for special educational provision to be made for them. This is the legal definition under the Children and Families Act 2014, which governs SEND provision in England.
SEND covers a very wide range of needs and conditions, including but not limited to:
- Autism Spectrum Condition (ASC/ASD) — affecting communication, social interaction, and sensory processing
- Dyslexia, Dyspraxia, and Dyscalculia — specific learning difficulties affecting literacy, coordination, or numeracy
- ADHD (Attention Deficit Hyperactivity Disorder) — affecting attention, impulse control, and activity levels
- Social, Emotional and Mental Health (SEMH) difficulties — including anxiety, depression, and school refusal
- Speech, Language and Communication Needs (SLCN)
- Physical and sensory impairments — including visual impairment, hearing impairment, and physical disabilities
- Moderate, Severe, and Profound Multiple Learning Difficulties (MLD, SLD, PMLD)
Having a diagnosis does not automatically mean a child has SEND in law, and conversely, children can have SEND without a formal clinical diagnosis. What matters is whether the child’s learning difficulty or disability requires special educational provision that goes beyond what is normally available to all pupils.
The SEN Support System: Before an EHC Plan
Not all children with SEND require an EHC plan. The first level of support is SEN Support — provision put in place by the school within its own resources, coordinated by the school’s SENCO (Special Educational Needs Coordinator).
SEN Support follows a graduated approach of four stages:
- Assess — the teacher and SENCO assess the child’s needs, drawing on observations, assessments, and views of the child and parents
- Plan — specific outcomes and interventions are agreed and recorded in a SEN Support Plan or individual plan
- Do — the plan is implemented, typically with additional support from a teaching assistant, specialist intervention programmes, or adapted resources
- Review — progress is reviewed at least three times a year, and the plan adjusted accordingly
For many children, SEN Support is sufficient. Where it is not — where despite sustained support the child is still not making adequate progress, or where their needs are so complex that they require provision beyond what a school can offer from its own resources — an Education, Health and Care needs assessment may be appropriate.
What Is an Education, Health and Care (EHC) Plan?
An EHC plan is a statutory document for children and young people aged 0–25 with complex SEND needs that cannot be met through SEN Support alone. Unlike the old Statement of Special Educational Needs (replaced by EHC plans in September 2014), the EHC plan brings together education, health, and social care needs and provision in a single, holistic document.
An EHC plan legally requires the local authority to arrange the special educational provision described in it. This is the critical distinction: an EHC plan creates enforceable rights to provision in a way that SEN Support does not.
The EHC Needs Assessment Process: A Step-by-Step Timeline
The process of obtaining an EHC plan is governed by strict legal timescales. From the moment a request for an EHC needs assessment is received by the local authority, the entire process — from request to final EHC plan — must be completed within 20 weeks.
| Stage | What Happens | Timescale |
|---|---|---|
| 1. Request | Parent, school, or young person (16+) requests an EHC needs assessment from the LA | Day 0 |
| 2. LA decision to assess | LA decides whether to carry out the assessment; must notify parents of decision | Within 6 weeks |
| 3. Assessment | LA gathers advice from education, health, social care, parents, and the child | Weeks 6–16 |
| 4. Draft EHC plan | LA issues a draft EHC plan (or decides not to issue one); parents have 15 days to comment and name preferred school | Week 16 |
| 5. Final EHC plan | LA issues the final EHC plan, naming the school; provision must be in place immediately | Week 20 |
The assessment draws on written advice from professionals across several areas: educational advice (from the school and often an educational psychologist), medical advice, social care advice, and crucially, the views of the child and their parents. The LA must commission an Educational Psychologist (EP) assessment as part of this process.
What Goes Inside an EHC Plan?
An EHC plan is divided into labelled sections (A through K), each covering a specific aspect of the child’s needs and provision:
- Section A — the child’s aspirations and views (including a ‘My Story’ section for the child’s own voice)
- Section B — the child’s special educational needs (described in detail)
- Section C — the child’s health needs
- Section D — the child’s social care needs
- Section E — the desired outcomes for the child across education, health, and social care
- Section F — the special educational provision required (this section is legally binding)
- Section G — the health provision required
- Section H — the social care provision required
- Section I — the name and type of school or setting
- Section J — personal budget (where applicable)
- Section K — appendices including professional reports
Of these, Sections B, F, and I are the most legally significant. The provision described in Section F must be specific, detailed, and quantified — not vague aspirational language. Phrases like “access to speech therapy as appropriate” are not legally sufficient; “30 minutes of individual speech and language therapy per week” is.
Choosing a School: Parents’ Rights Under the EHC Plan
Section I of the EHC plan names the specific school. Parents have the right to request any of the following types of setting:
- A maintained mainstream school
- A maintained special school
- An independent (non-maintained) school or special school
- A further education institution (for young people post-16)
The LA must comply with a parental preference for a maintained school or mainstream school unless it would be unsuitable for the child’s age, ability or aptitude, incompatible with the efficient education of other children in the school, or an inefficient use of resources.
For independent special schools, the LA must also consider cost efficiency. However, where no maintained school can meet the child’s needs, the LA cannot simply refuse all placements on cost grounds alone.
You can search for special schools in your area using our school finder, or read our full guide to special schools in England for more information on what different types of provision offer.
Annual Reviews: Keeping the Plan Up to Date
Every EHC plan must be formally reviewed at least once a year through an Annual Review. The review considers whether the plan remains appropriate, whether the outcomes are being met, and whether any changes are needed to the description of needs or provision. Schools are required to convene the review and invite parents, the young person, and relevant professionals.
Following the review, the LA can:
- Keep the plan unchanged
- Amend the plan — with a new draft issued and a further consultation period
- Cease the plan — if the child’s needs no longer require it (parents can appeal this decision)
For children moving between phases (e.g., from primary to secondary, or from secondary to post-16), annual reviews should be conducted earlier to allow enough time to arrange the right placement before the transition.
What to Do If You Disagree: Appeals and the SEND Tribunal
Parents and young people have the right to appeal to the First-tier Tribunal (Special Educational Needs and Disability) — known as the SEND Tribunal — against several types of LA decisions:
- Refusal to carry out an EHC needs assessment
- Refusal to issue an EHC plan following an assessment
- The content of sections B, F, or I of an EHC plan (needs, provision, or school named)
- Cessation of an EHC plan
Before appealing, parents must first contact a SEND mediation advisor (this is a legal requirement, though mediation itself is optional). The Tribunal process typically takes four to five months. Parents can represent themselves, but many seek support from specialist advocates, charities such as IPSEA (Independent Provider of Special Education Advice) or SOS!SEN, or solicitors specialising in SEND law.
Getting Support: Key Resources for SEND Families
Navigating the SEND system is rarely straightforward. The following organisations provide independent advice and advocacy to families:
- IPSEA (Independent Provider of Special Education Advice) — free legal advice on EHC plans and SEND law
- SOS!SEN — telephone helpline and training for parents on SEND rights
- SENDIASS (SEND Information, Advice and Support Service) — every local authority must fund a SENDIASS; find yours at the Council for Disabled Children website
- The National Autistic Society (NAS) — specialist support for families of autistic children
- Contact — charity for families of disabled children, with practical financial and legal guides
Frequently Asked Questions About EHC Plans
How do I request an EHC needs assessment?
Write to your local authority’s SEND team requesting an Education, Health and Care needs assessment for your child, explaining your concerns and what needs you believe cannot be met by SEN Support alone. You can find your local authority’s SEND team contact details on their website. Template letters are available free from IPSEA and SOS!SEN. The LA must respond within 6 weeks of receiving your request.
What is the difference between SEN Support and an EHC plan?
SEN Support is provision arranged by the school within its own budget — it is not a legal document and cannot be directly enforced. An EHC plan is a statutory document issued by the local authority; the provision described in Section F is legally enforceable. If the LA or school fails to provide what Section F specifies, this is unlawful and can be challenged. An EHC plan also unlocks access to specialist settings, personal budgets, and SEND Tribunal rights that are not available at the SEN Support level.
Can my child get an EHC plan without a diagnosis?
Yes. The right to an EHC plan is based on a child’s educational needs, not on whether they have a clinical diagnosis. A child who is consistently struggling despite SEN Support may qualify for an EHC plan even if no diagnosis has yet been made. Conversely, having a diagnosis of autism, ADHD, or dyslexia does not automatically entitle a child to an EHC plan — the key question is whether the school can meet their needs without an EHC plan.
How long does an EHC plan last?
An EHC plan continues indefinitely — it is reviewed annually and updated as needed. It can cover a child or young person from birth up to age 25, provided they remain in education or training. The LA can cease a plan following a review if it determines the child’s needs no longer require it — parents have the right to appeal this decision to the SEND Tribunal.
What is a personal budget in an EHC plan?
A personal budget is an amount of money identified by the LA to spend on provision described in the EHC plan. Parents can request a personal budget to give them more control over how their child’s provision is arranged. It can be held directly by the parent, managed by a third party, or held by the LA and spent on their behalf. Not all provision is suitable for personal budgets, and not all LAs offer them proactively.
