Myette Blannin
SENCo & Founder, Otto Education
8 min read

What is an EHCP?

An Education, Health and Care Plan (an EHCP) is a legal document produced by your local authority that describes a child or young person's special educational needs and the support they must receive. The key word is must. Unlike a school's own SEN support arrangements, an EHCP places a legal duty on the local authority to provide the support specified in it.

EHCPs replaced the older system of Statements of Special Educational Needs in 2014, when the Children and Families Act significantly reformed the SEND landscape in England. They cover children and young people from birth up to age 25 (provided they remain in education or training).

"An EHCP is not just a document: it's a legal commitment. Once it's in place, the support described in Section F must be delivered."

Who might need an EHCP?

An EHCP is not for every child with SEND. It is intended for children whose needs cannot be reasonably met through a school's own resources, which the framework calls "SEN Support". If a school is trying hard, has put appropriate support in place, and a child is still not making adequate progress, that is often the point at which an EHCP should be considered.

There is no diagnosis required to apply for an EHCP. The question is not "what condition does my child have?" but "what level of support do they need?" Children with autism, dyslexia, ADHD, physical disabilities, speech and language needs, social and emotional difficulties, and many other needs are supported through EHCPs, but so are children whose needs don't fit neatly into any diagnostic category.

Key point

A school cannot refuse to request an EHCP assessment on your behalf, but you can also apply directly to your local authority yourself. You do not need the school's permission to start the process.

What does an EHCP contain?

An EHCP is divided into sections, labelled A through K. The most important sections for most families are:

  • Section A: Your child's views, interests and aspirations (written in their own words where possible)
  • Section B: A description of your child's special educational needs
  • Section E: The outcomes the plan is working towards
  • Section F: The specific educational provision that must be made. This is the legally binding section: it must be specific, detailed and quantified (e.g. "15 hours per week of 1:1 support from a trained teaching assistant")
  • Section I: The name of the school or other institution the child will attend

Sections C and D cover health and social care needs and provision respectively. These are important but are not legally binding in the same way as Section F.

How does the process work?

The EHCP process is initiated by a request for an Education, Health and Care needs assessment. This can be made by a parent or carer, a young person (aged 16+), a school, or another professional involved in the child's care. The local authority then has 6 weeks to decide whether to proceed with the assessment.

If they agree to assess, the process involves gathering evidence from a range of sources: the school, educational psychologists, health and social care professionals, and importantly from you and your child. The whole process, from initial request to final EHCP being issued, must be completed within 20 weeks.

The 20-week timeline at a glance
  • Weeks 1 to 6: LA decides whether to assess
  • Weeks 7 to 14: Assessment takes place (EP, health, social care, school, family)
  • Weeks 15 to 16: Draft EHCP sent to you for comment
  • Week 20: Final EHCP issued

What if the local authority says no?

If the local authority decides not to carry out a needs assessment, or later decides not to issue an EHCP, they must write to you explaining why. You have the right to appeal to the SEND Tribunal if you disagree with their decision, and the tribunal is independent of the local authority.

Before going to tribunal, you may also request mediation. It's worth knowing that families who appeal to the SEND Tribunal are successful in the majority of cases, though the process can be lengthy and emotionally demanding. Otto Education does not provide tribunal representation, but can help you understand your options and prepare your evidence.

Annual reviews

Once an EHCP is in place, it must be reviewed at least annually. The annual review is a meeting involving you, your child (where appropriate), the school and any relevant professionals. The plan can be amended, maintained or, in rare cases, ceased following a review. You have the right to request an early review at any time if your child's needs change significantly.

How Otto Education can help

Navigating the EHCP process alone is genuinely hard. The language is technical, the timelines are tight, and local authorities vary enormously in how they approach it. Myette can support you at any stage of the process: from helping you decide whether to apply, to reviewing a draft EHCP with you and ensuring Section F is specific enough to be meaningful, to preparing for an annual review.

If you're not sure where you stand or what to do next, a free 30-minute call is the best place to start.

Useful resources

Written by Myette Blannin · May 2026 · Otto Education
This article is for general information only and does not constitute legal advice. If you need legal advice about your child's EHCP, contact IPSEA or a specialist solicitor.