If your child needs more support than their school can give, an EHCP may be the next step. An EHCP (Education, Health and Care Plan) is a legal document for children and young people up to age 25 who need more help than ordinary SEN support can provide. Getting one can feel like a maze, so this guide walks you through the whole journey, step by step, with the legal deadlines the Local Authority must meet.
The short version: from the day the Local Authority receives your request, it has 20 weeks to give you a final plan. There are clear checkpoints along the way. Knowing them puts you in control.
Not sure where you stand right now? Our free SEND Rights Quiz gives you a quick read on your situation and your next move in a few minutes.
What an EHCP is, in plain words
An EHCP sets out three things: your child’s special educational needs, the support they must get, and the outcomes that support is aiming for. The key word is “must”. Once a plan is final, the support named in Section F is legally enforceable. The Local Authority has to provide it.
A plan is for children and young people who need more than the usual SEN support a school gives from its own budget. If that describes your child, an EHCP is worth pursuing.
Step 1: SEN support and the graduated approach
Before an EHCP, most children get help through “SEN support”. This is the everyday extra help a school puts in place, like small-group teaching, extra reading time, or a tailored plan.
Schools are expected to follow the “graduated approach”, a four-part cycle called assess, plan, do, review. The school assesses what your child needs, plans the support, puts it in place, then reviews how it went, and repeats. The SEND Code of Practice says this cycle should be revisited regularly so support is refined as the school learns more about your child. In practice many schools run it each term.
You do not have to wait for this cycle to finish before asking for an EHCP. But the records from it are gold dust. They show what has been tried and whether your child still needs more. Keep copies of everything: support plans, review notes, and any reports.
Step 2: Who can request an EHC needs assessment
The first formal step is asking for an EHC needs assessment, the detailed check the Local Authority does to decide whether your child needs a plan.
By law, the request can come from:
- A parent of the child
- A young person aged 16 to 25 (they can request for themselves)
- A person acting on behalf of a school or post-16 setting
Anyone else who thinks an assessment may be needed (for example a health visitor, doctor or family friend) can also bring it to the Local Authority’s attention. You do not need the school’s permission to ask, and you do not need a formal diagnosis first. If your child is on a waiting list for an autism or ADHD assessment, you can still request an EHC needs assessment now.
Step 3: How to make the request
Put your request in writing. An email to your Local Authority’s SEND team is fine. Your Local Authority’s SEND Local Offer page lists the right address.
Keep it clear and specific. You do not need legal language. Include:
- Your child’s full name, date of birth, and current school or setting
- A short, plain description of their needs and how those needs affect them day to day
- What support has already been tried and why it is not enough
- Any reports you have (school plans, reviews, letters from professionals)
IPSEA, a national SEND legal charity, has a free model letter you can adapt. Using it is the easiest way to get the wording right.
Step 4: The 6-week decision
Once the Local Authority receives your request, the clock starts. It must tell you within 6 weeks whether it will carry out an EHC needs assessment.
The legal test is not high. The Local Authority must assess if your child has or may have special educational needs, and it may be necessary for special educational provision to be made through an EHCP. Note the words “may have” and “may be necessary”. You do not have to prove the case at this stage, only show it is worth looking into.
If the Local Authority agrees, the assessment begins. If it says no, you have the right to appeal (see the end of this guide).
Step 5: The assessment, and who feeds in
An EHC needs assessment gathers evidence from the people who know your child. By law, the Local Authority must seek advice and information from:
- You (the parent), or the young person
- Educational advice, usually from the school or setting
- Medical advice from a health professional
- Psychological advice from an educational psychologist
- Social care advice and information
- From Year 9 onwards, advice on preparing for adulthood
You can also ask the Local Authority to seek advice from anyone else relevant to your child. Your views matter here as much as the professionals’. Write down what a good day and a hard day look like, what your child can and cannot manage, and what you want for their future.
Step 6: The decision on whether to issue a plan
After the assessment, the Local Authority decides whether to issue a plan. It must tell you this decision within 16 weeks of your original request.
If the answer is yes, it moves to drafting the plan. If it is no, you can appeal.
Step 7: The draft plan and naming a school
If the Local Authority decides to issue a plan, it sends you a draft EHCP first. This is your chance to shape it before it is finalised.
By law, you get at least 15 days from the day the draft is sent to:
- Make comments and ask for changes to the content
- Request a particular school or setting be named in the plan
- Ask for a meeting to discuss the draft
Use this window well. Read every section. Check Section F (the support) is specific and measurable, not vague. If it says “access to” or “where appropriate”, push for clear detail. This is the part that becomes legally enforceable, so it is worth getting right.
Step 8: The final plan, within 20 weeks
The Local Authority must send you the final EHCP within 20 weeks of receiving your original request. That is the headline deadline for the whole process.
Once final, the plan is a legal document. The Local Authority must arrange the special educational provision in it, and your child must get a place at the school named.
A note of realism: the law says 20 weeks, but many Local Authorities miss it. In 2025, 46.1% of new EHC plans in England were issued within the 20-week deadline, down from 46.4% the year before (DfE, reporting year 2026, published 25 June 2026). If your Local Authority is running late, the deadline is still your right. Chase in writing, keep dates, and ask for a clear timeline. Persistent delay can itself be grounds to complain or appeal.
What if the Local Authority refuses?
A “no” is not the end. You can challenge two common refusals:
- Refusal to assess (after the 6-week decision)
- Refusal to issue a plan (after the 16-week decision)
You can ask for mediation and you have the right to appeal to the SEND Tribunal. Appeals are free, and the odds may surprise you: in 2024/25, 99% of SEND appeals that were decided went in the parent’s favour (Ministry of Justice tribunal statistics). So do not be put off by a first refusal. For free, expert guidance, contact IPSEA or your local SENDIASS (the free, impartial SEND advice service in every area).
The 20-week journey at a glance
- SEN support first, through assess-plan-do-review
- Request an EHC needs assessment in writing
- 6 weeks: Local Authority decides whether to assess
- Assessment: evidence gathered from you and key professionals
- 16 weeks: Local Authority decides whether to issue a plan
- Draft plan: at least 15 days for you to comment and name a school
- 20 weeks: final plan issued, legally enforceable
Frequently asked questions
How long does it take to get an EHCP?
By law, the Local Authority must issue the final EHCP within 20 weeks of receiving your request for an assessment. Along the way it must decide whether to assess within 6 weeks, and whether to issue a plan within 16 weeks. In practice many Local Authorities miss the 20-week deadline, so keep written records of every date.
Can I apply for an EHCP myself, without the school?
Yes. As a parent you can request an EHC needs assessment directly from your Local Authority. You do not need the school’s agreement, although school evidence helps. Young people aged 16 to 25 can also request for themselves.
Do I need a diagnosis to get an EHCP?
No. You do not need a formal diagnosis to request an assessment or to get a plan. An EHCP is based on your child’s needs and the support they require, not on a label. You can apply while waiting for an autism or ADHD assessment.
What can I do if the Local Authority says no?
You can ask for mediation and appeal to the SEND Tribunal, both for a refusal to assess and a refusal to issue a plan. Appeals to the Tribunal are free. Get free help from IPSEA or your local SENDIASS before you start.
What is the difference between SEN support and an EHCP?
SEN support is everyday extra help a school provides from its own resources, with no legal plan attached. An EHCP is a legal document for children who need more than that. The support in a final EHCP must be provided by law.
Where to go next
You now know the map: request, 6 weeks, assessment, 16 weeks, draft, 20 weeks. The next step is knowing exactly where you stand and what to do first.
Take our free SEND Rights Quiz. It takes a few minutes and gives you a clear, personal read on your situation and your next move, with no jargon.
If you want the whole process in one place to keep and refer back to, The SEND Parent Booklet walks you through each stage in plain English, including what to write and what to bring. And if you would rather have someone in your corner, you can find an expert who knows the system.
This guide is information, not legal advice. For formal, free advice on your case, contact IPSEA or your local SENDIASS.