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Education, Health & Care Plans (EHCP)

What is an EHC plan?

An EHC plan is a legal document used in England to support children and young people aged 0 to 25 years who have special educational needs and/or disabilities (SEND) that require more help than is normally provided through SEN Support at school/college.

 

This short animation was developed by the Council for Disabled Children for parents, practitioners and others who want to quickly learn about the EHC plan process:

 

What does an EHC plan do?

It outlines:

  • The child or young person’s needs
  • The support they require in education, health, and social care
  • The outcomes they are working towards
  • How the support will be provided and by whom

 

Who is it for?

Children and young people who:

  • Have complex special educational needs
  • Need additional support that goes beyond what a school, nursery, or college normally offers
  • May also need support from health or social care services

 

What's included in an EHC plan?

An EHC plan includes different sections labelled A to K.

The different sections include the views of the child/parent (this part is not legally binding), the special educational needs of the child, the special educational provision required, social care and health needs and provision and the name/type of educational setting they will attend.

The contents of an EHC plan are decided by the local authority but they must take into account the views and evidence from several sources. All needs identified and provision included in an EHC plan must be based on recommendations and information from professional reports.

 

What does legally binding mean? 

Once issued, the EHC plan is legally binding — this means the local authority and any named services (like schools or NHS providers) have a duty to deliver the support written in the plan.

 

How do you get an EHC plan?

The first step is to request an EHC needs assessment (EHCNA) from the local authority.  The following people can make the request:

  • A parent or carer
  • A young person (aged 16–25) in education or training
  • A school or nursery (with parental consent)

If an EHCNA is agreed and takes place, a decision will be made by the local authority whether to issue a plan.  

 

EHC needs assessment (EHCNA) and EHC plan timescales

There are a number of timescales called statutory timescales that are set out in the SEN Code of Practice which local authorities and other organisations must adhere to.

From the point when an assessment is requested until the final EHC plan is issued, the whole process must take no more than 20 weeks (although there are some exemptions to this such as school holiday dates – see the Code of Practice for these).  Please also be aware that if an EHCNA is refused or there is a refusal to issue decision then the 20 week limit does not apply.

The EHCNA and preparation of the plan must be completed as soon as possible. If you agree, it may be possible to carry out steps much more quickly than the statutory timescales, but you should not be put under pressure to agree things more quickly than you feel comfortable with.

Local authorities must tell you whether they will carry out an EHCNA within six weeks of receiving a request. When local authorities ask for information from professionals such as therapists or doctors as part of the assessment process, professionals must respond within six weeks from the date of the request.

Following an assessment, if a local authority decides not to issue an EHC plan, they must inform you within 16 weeks from the date the EHCNA request was received by the local authority. They should also give reasons for their decision and advice on what steps can be taken next.


If a draft EHC plan is issued, you must be given at least 15 days to give your views on this and say what school or setting you would like your child or young person to attend.

The final EHC plan must be issued within a 20 week overall time limit.

Interactive EHC plan guide

The Council for Disabled Children have developed an interactive EHC plan resource that guides you through each stage of the process.

The guide follows the structure of the twenty week process and if you hover your cursor over each section a pop-up window will open, offering more detailed advice and guidance.

To access the interactive guide please click on the following link: 

EHC plan interactive guide to the process - CDC

 

What is an EHC needs assessment (EHCNA)?

An EHCNA is an assessment carried out to identify exactly what your child or young person’s special educational needs are and the special help they might need.

Schools are often able to meet the needs of children through SEN Support, but sometimes a child or young person needs a more intensive level of specialist help that cannot be met from the resources available to schools and other settings via SEN Support.

In these circumstances, you or your child’s school/setting could consider asking your local authority for an EHC needs assessment for your child. This assessment may lead to your child getting an EHC plan, however it does not always lead to a plan being issued.

Some children and young people will have needs that clearly require an EHCNA and an EHC plan and once the local authority is aware of them it should start this process without delay.

For further information about what happens in an EHCNA, you can visit IPSEA's website via the link below:

 

Requesting an EHC needs assessment (EHCNA)

Who can make the request?

  • You as a parent/carer can ask your local authority to carry out an EHCNA if you think your child needs an EHC plan.
  • A young person can request an assessment themselves if they’re aged 16 to 25.
  • A request can also be made by anyone else who thinks an assessment may be necessary, including doctors, health visitors and teachers. 

 

How do I make a request for an EHCNA?

Option 1:

If you wish to make a parental request for an EHCNA via the local authority's online hub please click on the link below:

It would be helpful to upload any recent, relevant reports from professionals to your request in order to provide further evidence of the necessity for an assessment.

Please keep a copy for your records and note the date you submitted the application.

 

Option 2: 

If you wish to make a written request by email to the local authority for an EHCNA to be carried out, your request should set out why you believe your child has or may have special educational needs, and why you believe they may need special educational provision to be made through an EHC Plan. 

Please click on this IPSEA link to access a model letter which can be used as a template for your request:   IPSEA template letter to apply for an EHCNA

It would be helpful to attach any recent, relevant reports from professionals to your request in order to provide further evidence of the necessity for an assessment.

The EHC needs assessment request letter and supporting documents can be emailed to the local authority's SEN Service via [email protected]

Please keep a copy for your records and note the date you submitted the application.

 

Can I send evidence with the EHCNA request?

Definitely! When making the request to the local authority it is extremely beneficial to include copies of any reports from your child’s school, nursery or childminder, their doctors assessment's and /or a letter from you about your child’s needs.

The local authority will contact the school for any additional information. 

 

When can I make a request for an EHCNA?

You can make a request for an EHC needs assessment at any time. 

The only restriction in place is if an EHCNA has previously agreed, the assessment was carried out in the last 6 months and you want to request a re-assessment.  In this situation, the local authority do not have to consider it.   After 6 months however, you can apply again whenever you like.

 

Deciding whether an EHC needs assessment (EHCNA) is needed

From your request, the local authority will collect information provided from yourself and school and take this to the SEN Panel. This panel will decide whether an EHCNA should be carried out. 

What is the legal test that the local authority must consider?

The legal test is:

  • whether the child or young person has or may have special educational needs (“SEN”); and
  • whether they may need special educational provision to be made through an EHC plan.

If the answer to both of these questions is yes, they must carry out an EHCNA.

 

If the local authority say no to an assessment:

If the local authority decide an EHCNA is not needed they must tell you within 6 weeks of receiving your request.

The decision is usually sent by email to the parent /carer and the email will contain a decision letter.

The local authority must provide you with your appeal rights, which will be explained in the decision letter. 

 

If the local authority say yes to an assessment:

If the local authority decides an EHCNA is needed they must work closely with you to make sure they take full account of your views, wishes and feelings.

You may be required to use the online EHC hub to add your views, wishes and feelings.

The local authority will then gather information from education, health and social care professionals to determine what support is needed. 

 

What happens after an EHC needs assessment (EHCNA)?

The local authority will use the information gathered from professionals and make its decision whether or not to issue a draft EHC plan.

If the local authority refuses to issue an EHC plan:

If the local authority decide not to issue a draft EHC plan you can appeal this decision. The local authority must provide you with your appeal rights which will be explained in the letter informing you of their decision. 

The local authority may ask the school to arrange a meeting to discuss how to support your child without the use of an EHC plan. In these meetings usually a member of the Assessment and Placement Team from the SEN Service at the local authority will attend to offer suggestions. 

 

If the local authority agrees to issue an EHC plan:

Your request will proceed to the draft EHC plan stage.  For support on this, please look at the next dropdown section.

What happens if we move local authority during the EHC needs assessment process?

If you move from one local authority to another whilst your child/ young person is in the process of an EHC needs assessment,  your old authority must transfer all the information and advice received to the new local authority for their consideration.

The SEND Code of Practice 2015 page 193 states...

9.162 Some children and young people will move between local authority areas while they are being assessed for a plan. The new authority in such cases should decide whether it needs to carry out an EHC needs assessment themselves and it must decide whether to undertake an EHC needs assessment if it receives a request from the child’s parent or the young person. The new authority should take account of the fact that the old authority decided to carry out an EHC needs assessment when making its decision. If it decides to do so then it should use the information already gathered as part of its own EHC needs assessment. Depending on how far the assessment had progressed, this information should help the new authority complete the assessment more quickly than it would otherwise have done

What do I need to do once I have received the draft EHC plan?

You will be given 15 days from the date on the letter from the local authority to comment on the draft plan. You can email or call your case officer case at the local authority if you have major questions (their name should be on the letter).

The purpose of the draft plan is to give you as parent/carer the opportunity to make any suggested amendments you feel are required.

For information from IPSEA on draft EHC plans please click on the following link:  https://www.ipsea.org.uk/what-to-do-when-you-receive-your-draft-ehc-plan

It is very important that you review the contents of the draft EHC plan carefully to ensure that all sections (particularly Section B special educational needs and Section F special educational provision) are detailed and specific.

The SEND Code of Practice 2015 contains guidance for all sections contained within the EHC Plan. You may wish to refer to this document when reviewing an EHC Plan. P164 to 169 gives useful direction on what should be included in each section of an EHC Plan. The link to the document can be accessed via this link:

SEND code of Practice 2015

You have 15 days from the date on the local authority letter with the draft EHC plan in which to review the draft plan, make parental comments and send them back to the LA.

The local authority will then either accept or reject the suggested amendments. If the proposed amendments are rejected, then the local authority usually provide an explanation as to why they cannot be added.

Your case officer will ask you for your parental preference regarding a specific school or other setting you want your child to attend. This could be a mainstream school or special school. It is important to note that the draft EHC plan will not have a name or type of educational setting named within Section I. This will only be stated in the final EHC plan.

Your local authority has 20 weeks from the initial request for the EHCNA to issue the final plan to you so long as there have been no negative decisions e.g. a refusal to assess or a refusal to issue a plan along the way.

 

What should be in an EHC plan?

What are the key principles and requirements for an EHC plan?

The SEND Code of Practice outlines the key requirements for an EHC plan.

Decisions about the content should be made openly and collaboratively with parents, children and young people:

  • EHC plans should positively describe achievements
  • EHC plans should be clear, concise, understandable and accessible
  • EHC plans must specify the outcomes sought for a child or young person
  • EHC plans should show how education, health and care provision should be co-ordinated to best achieve agreed outcomes
  • EHC plans should consider how best to achieve outcomes and an account must be taken of any innovative or alternative ways to receive support by the young person or parent
  • EHC plans should describe how family and community support can help in achieving agreed outcomes 
  • EHC plans should be forward looking and anticipate and plan for important transition points in a child or young person’s life, including transition into adult life
  • EHC plans should have a review date 

 

What sections make up an EHC plan?

The format of an EHC plan will be agreed locally, so you may find they look slightly different county to county. However, as a statutory minimum, EHC plans must include the following sections, which must be separately labelled from each other using the letters below.

Section A – The views wishes and aspirations of the child and their parents, or of the young person

Section B – The child or young person’s special educational needs & disabilities (SEND)

Section C – The child or young person’s health needs relating to their SEND 

Section D – The child or young person’s social care needs relating to their SEND

Section E – The outcomes sought for the child or young person

Section F – Special educational help or provision required to address the child or young person’s needs (provision must be specified and quantified)

Section G – The health provision required by the learning difficulties which result in the child or young person having SEN

Section H1 – The special social care services that must be provided

Section H2 – Any other social care provision reasonably required 

Section I – The name and type of school that the child should go to

Section J – How a personal budget (if requested) will be used

Section K – Supplementary information gathered during the EHC needs assessment maintaining provision in the EHC plan

 

Education: Where an EHC plan is maintained for a child or young person the local authority must secure the special educational provision specified in the plan. If a local authority names an independent school or college in the plan it must also meet the costs of the fees, including any boarding where relevant.


Social Care: For the social care provision specified in the plan, existing duties on social care services to assess and provide for the needs of disabled children and young people under the Children Act 1989 continue to apply. Where the local authority decides it is necessary to make provision for a disabled child or young person under 18 pursuant to Section 2 of the Chronically Sick and Disabled Person Act (CSDPA) 1970, it must secure that provision. Where the young person is over 18, the care element of the EHC plan will usually be provided by adult services.


Health: For health care provision specified in the EHC plan, the ICS (or where relevant NHS England) must ensure that it is made available to the child or young person.

 

Personal budgets

A personal budget for SEN is money identified to pay for support specified in an education, health and care plan (EHC plan) for a child or young person with special educational needs.

It can include funds from the local authority for education and social care and from the clinical commissioning group (CCG) for health.

It allows you to have a say in how to spend the money on support for your child. There are three ways you can use your personal budget. You can have:

  • Direct payments made into your account (you buy and manage services yourself)
  • Notional Arrangements - An arrangement with your local authority or school where they hold the money for you but you still decide how to spend it
  • Third-party arrangements – you choose someone else to manage the money for you
  • A combination of all three. 

A personal budget does not affect the benefits you receive and is not considered an income.

 

What can a personal budget be used for? 

A personal budgets can only be used to fund the support set out in an EHC plan to help achieve the plan outcomes.  

The personal budget must be agreed by the local authority for education and care support, and by the health authority for the health provision.

A personal budget does not cover payment for a place at the school or college, or the general provision for children or young people, including those who need SEN Support. A personal budget does include any top up funding (known as Element 3 funding) that is for provision specified in an EHC plan. It can also include support that is managed by the school or college – but only if the headteacher or principal agree.

 

What can I do if my request for a personal budget is refused?

If the local authority refuses a personal budget for special educational provision it must tell you the reasons for their decision by means of a letter. You cannot appeal this decision but you can ask the local authority to formally review their decision.

The local authority may refuse a personal budget if they decide that:

  • They do not believe the person receiving the payments would be capable of managing the money
  • They do not believe it would be used in an appropriate way
  • It would negatively impact other services provided by the local authority
  • It would not be an efficient use of resources

 

How much will I get? 

How much you get will depends on what has been set out in the EHC plan. There is no set amount. This is assessed on a case by case scenario. 

The personal budget should be based on your child’s individual needs so the more complex your child’s needs and the greater the level of support needed, the higher the personal budget is likely to be.  The amount must be enough to cover the costs of all the additional support that has been agreed.

Once you have been offered a personal budget, you can ask the local authority (or CCG if a personal health budget) to break down the budget to show how it meets your child’s assessed needs.

 

When will a personal budget be reviewed?

The local authority must review a personal budget at least once during the first 3 months of payments and also when conducting an annual review or reassessment of the EHC plan. You can also request a review.

The local authority can increase or decrease the budget but must ensure there is sufficient funds to cover the provision agreed. Local authorities can stop payments, but it will then be under a duty to provide the service instead.

If you do not believe that the amount allocated to your child’s personal budget will be enough to buy the support your child has been assessed as needing, you can challenge the amount. If the local authority has agreed to make a direct payment it must be sufficient to secure the agreed provision specified in the EHC plan.

 

What is the difference between a personal budget & a direct payment?

A personal budget shows you what money there is to make some of the provision specified in an EHC plan and who provides it. The parent or young person does not actually manage the funds directly.

With a direct payment the parent or young person is given the money for some services and manages the funds themselves. The parent or young person is responsible for buying the service and paying for it.

A personal budget can include a direct payment if it is agreed that this is the best way to manage part of the personal budget. Direct payments can be used for special educational provision only if the school or college agree. 

 

What do I need to consider with direct payments?

Where the personal budget includes a direct payment for special educational provision, section J in the EHC plan must include the special education need (SEN) and outcomes that are to be met by the direct payments.

When a direct payment is initially agreed, the local authority must provide you with a written notice specifying conditions on how direct payments may be spent. This requirement is set out in section 8 (2) (d) of the SEND Regulations 2014 which can be accessed via this link: 

Direct Payment :Section 8 :Special Needs Regs 2014

It is important that you review the conditions carefully and follow the correct administrative processes as you become responsible and accountable to the local authority for this budget.  

You are expected to keep records to account for the money that has been spent and to show spending is in accordance with assessed needs. If you spend the personal budget on something that has not been agreed then you may have to pay the money back and the local authority may refuse to give you a personal budget in the future. 

If you are permitted to use direct payments to buy a service from a provider for example therapeutic services or specialist equipment, you will need to document all payments made.

Alternatively, if you decide to employ someone to support your child for example a personal assistant, please be aware that this means you must take on all the legal responsibilities of an employer. 

 

For further information on personal budgets, you can visit:

The final EHC plan

If you suggest any changes to the draft EHC plan and these are agreed by the local authority, the draft plan should be amended and issued as the final EHC plan as quickly as possible. The local authority must not make any other changes apart from incorporating your agreed amendments and naming the placement – if the local authority wishes to make other changes it must re-issue the draft EHC plan to you.

The final EHC plan should be signed and dated by the local authority officer responsible for signing off the final plan.


Where you have suggested changes which are not agreed, the local authority may still proceed to issue the final EHC plan. If this happens, the local authority must notify you of your right to appeal to the Tribunal and the time limit for doing so, of the requirement for you to consider mediation should you wish to appeal, and the availability of information, advice and support and disagreement resolution services.

The local authority should also notify you how you can appeal the health and social care provision in the EHC plan.


As well as the child’s parent/carer or the young person, the final EHC plan must also be issued to the governing body, proprietor or principal of any school, college or other institution named in the EHC plan as well as to the relevant integrated care system (ICS) or where relevant, NHS England.


Where a nursery, school or college is named in an EHC plan, they must admit the child or young person.

The headteacher or principal of the school, college or other institution named in the EHC plan should ensure those teaching or working with your child or young person are aware of their needs and have arrangements in place to meet them. Institutions should also ensure teachers and lecturers monitor and review the child or young person’s progress during the course of a year.

Once an EHC plan has been finalised, the local authority has to ensure the SEN Support in section F of the plan is provided and the health service has to ensure the health support in section G is provided.

Your local authority has to review your child’s EHC plan at least every 12 months - this is referred to as an annual review. The review process has to involve discussions with you and your child asking you what you think and what you want to happen as well as a meeting which you must be invited to.

You can read the SEND Code of Practice (Page 161, 9.62 - Content of EHC plans) which you can find via the following link: 

Disagreeing with a decision

You can challenge your local authority about any of the following reasons:
• their decision to not carry out an assessment
• their decision to not create an EHC plan
• the special educational support in the EHC plan
• the school named in the EHC plan (Section I)

 

What are my appeal rights?

Mediation is an informal, confidential and voluntary process which involves an independent facilitator (the mediator - Kids Mediation) helping those in dispute to reach agreements. You can go to mediation once you receive the letter from the local authority giving you the right of appeal. 

For further information on what is involved in mediation, you can visit KIDS SEND Mediation on the following link: 

 

Do I need a mediation certificate to lodge an appeal to the SENDIST Tribunal?

You must obtain a mediation certificate to challenge any decision EXCEPT  the placement named in the plan (section I) decision. If you don't want to go to mediation and want to appeal straight to the Tribunal, you still must contact the mediation service to obtain a certificate to show you have considered mediation. 

You do not need to go to mediation if you are appealing ONLY Section I of the EHC plan and therefore you are not required to obtain a mediation certificate for this type of appeal. However, you can still request mediation if you wish. 

 

What happens if the local authority do not offer a date for mediation? 

If the local authority are unable to provide dates for mediation to Kids mediation within 30 days of their request, then you will be issued a 'deemed' mediation certificate which allows you to proceed with the appeal. 

If the local authority offer you a mediation date after the 30 day period when you have already been issued with a deemed mediation certificate, you can accept the mediation should you wish to, but you should continue with your appeal to the Tribunal until an agreement has been reached and you have written confirmation fom the local authority.  At that point you can then withdraw from the appeal.

 

What can I do if mediation is unsuccessful?

If you can’t resolve the problem with your local authority at mediation (should you decide to go), you can either accept the decision or you can appeal to the Tribunal. 

 

Is there a time limit for appealing to the SENDIST Tribunal?

Yes, there are time limits in place. You have 2 months from the local authority's decision letter or 1 month from the date on the mediation certificate (whichever is later) to lodge an appeal. 

 

What form do I need to complete to lodge the appeal?

  • If you are appealing a 'refusal to assess' - you must complete form SEND35a which you can access via this link:  SEND35a Form
  • If you are appealing anything else - you must complete form SEND35 which you can access via this link:  SEND35 form

 

Annual Reviews

The annual review is a statutory process where the EHC Plan is reviewed on a yearly basis. 

The purpose of an annual review is to ensure the plan remains up-to-date and to see if the support being provided needs to be changed. 

This short animation developed by the Council for Disabled Children, is intended for parents, young people, practitioners and others who want to quickly learn about the annual review process of an EHC plan

For additional information on the annual review process you can visit IPSEA's website by clicking on the link below: 

 

What if I am concerned about my child's progress with the EHC plan?

If you are concerned about your child's progress or you have any concerns around the EHC plan and you aren't near the review date, you can speak with the SENCo.

If after your discussion you remain concerned, you can request an interim (early) review of the EHC plan. 

You can find more information on interim reviews from the following IPSEA link:

 

IPSEA has a wide range of model letters you can access to support you with raising any concerns to the local authority. 

Please click on the following link to access these:

What happens when a child/young person with an EHC plan moves to a new local authority?

When a child or young person moves to a different local authority area within England, the old local authority must transfer the EHC plan to the new local authority, within set timescales as set out in legislation.

This means the plan must be transferred on the day of the move, unless the old local authority has not had 15 working days’ notice of the move. In that case, the old local authority must transfer the EHC plan within 15 working days from the day on which it was made aware.

If you are moving to Havering it is essential that you inform your old authority as soon as possible:

  • of your move to the London Borough of Havering, the date of your move and your new address
  • and ask that they arrange for the EHC plan to transfer to Havering

 

It is also important that you contact and inform the SEN Service at Havering of your upcoming move so that they have advanced notice.

Where attendance at the school or educational institution specified in the EHC plan would no longer be practicable due to the child or young person’s move, the new local authority must place the child or young person at an appropriate school or educational institution until the plan is formally amended.