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EHCP Guide

What is an EHCP?

An Education, Health and Care Plan is a legal document for a child or young person with SEND whose needs cannot be met by the support a school normally provides. Here is what it covers, who it is for, and how to get one.

Information only. Not legal advice.

What an EHCP Is

An EHCP (Education, Health and Care Plan) is a legal document for a child or young person aged 0 to 25 who has special educational needs or disabilities (SEND).

It is issued and maintained by the local authority. It sets out the child's needs, the outcomes they are working towards, and the special educational provision that must be put in place to meet those needs.

The special educational provision in Section F is legally binding: the local authority must secure it. That is the main difference between an EHCP and other forms of school support.

Who an EHCP Is For

An EHCP is for a child whose special educational needs cannot be met by the support a school or setting normally provides from its own resources (often called SEN support).

It is based on the child's needs, not their diagnosis. There is no fixed list of conditions that qualify. Two children with the same diagnosis may have very different needs, and only one may need an EHCP. A diagnosis is not required to request an assessment.

What an EHCP Contains

An EHCP is organised into sections, A to K. The ones parents look at most are:

  • B The child's special educational needs.
  • E The outcomes the provision is working towards.
  • F The special educational provision — the legally binding part.
  • I The name of the school or setting.
  • K The advice and reports the plan is based on.

Sections C, D, G and H cover health and social care needs and provision; Section A records the views of the child and family.

How to Get an EHCP

  • 1. A parent or carer, the school or setting, or a young person aged 16 to 25 requests an EHC needs assessment from the local authority.
  • 2. The local authority decides whether to carry out an assessment.
  • 3. If it assesses, it gathers advice from education, health and care professionals.
  • 4. It decides whether to issue a plan, then sends a draft EHCP for the family to respond to.
  • 5. The final EHCP is issued.

Parents have the right to appeal to the SEND Tribunal if the local authority refuses to assess, refuses to issue a plan, or the family disagrees with the final plan.

The Statutory Timeline

StageStatutory timeframe
Decision whether to assess6 weeks from request
Decision whether to issue a plan16 weeks from request
Final EHCP issued20 weeks from request
Annual reviewAt least every 12 months

Timescales are set by the Children and Families Act 2014 and the SEND Regulations 2014.

EHCP vs SEN Support

Most children with SEN are supported through SEN support: help a school arranges from its own resources, without a legal plan. An EHCP is different. It is a statutory plan, held by the local authority, with provision that is legally binding. It is for children whose needs are greater than SEN support alone can meet.

Common Questions

What is an EHCP?

An EHCP (Education, Health and Care Plan) is a legal document for a child or young person aged 0 to 25 with special educational needs or disabilities. It describes their needs, the outcomes sought, and the special educational provision the local authority must put in place. The provision in Section F is legally binding.

What qualifies a child for an EHCP?

There is no fixed list of conditions. A child may need an EHCP when they have special educational needs that cannot be met by the support a school or setting normally provides, and they need an EHC needs assessment to set out further provision. The local authority decides based on the child’s needs, not their diagnosis.

Do you need a diagnosis for an EHCP?

No. An EHCP is based on a child’s needs and the support they require, not on a diagnosis. A diagnosis can be useful evidence, but it is not required to request an EHC needs assessment.

Can you get an EHCP for autism or ADHD?

No condition automatically leads to an EHCP. An EHCP is based on the child’s needs, not the label. Many children with autism or ADHD have an EHCP because of the support they need, but it is the needs — not the diagnosis — that the local authority assesses.

How long does an EHCP take?

The whole process has a 20-week statutory timescale from the date of the request to the final EHCP. The local authority must decide whether to carry out an assessment within 6 weeks, and whether to issue a plan within 16 weeks.

Who can request an EHC needs assessment?

A parent or carer, the child’s school or setting, or a young person aged 16 to 25 can request an EHC needs assessment from the local authority.

What is the difference between an EHCP and SEN support?

SEN support is the help a school provides from its own resources, without a legal plan. An EHCP is a statutory plan, issued and maintained by the local authority, with special educational provision that is legally binding. An EHCP is for children whose needs are greater than SEN support alone can meet.

Aubis keeps your whole EHCP case in one place — deadlines, documents and where you stand.

See the EHCP App

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