EHCP Application: A Step-by-Step Guide to Secure Special Educational Provision

Here is a step-by-step guide to the Education, Health and Care Plan (EHCP) application process in England, including the statutory timescales the Local Authority (LA) must follow.

The entire process must not take longer than 20 weeks from the initial request to the issue of the Final EHCP.

📅 Phase 1: Requesting an EHC Needs Assessment (Weeks 0–6)

The process officially begins when the LA receives a formal request for an Education, Health and Care Needs Assessment (EHCNA).

Step 1: Gather Evidence and Prepare the Request (Week 0)

• Who can apply: A parent/carer, a young person (aged 16–25), or a school/college (with parental knowledge).
• Essential Preparation: You must demonstrate that your child has significant difficulties and that the support currently provided by the school (SEN Support or 'the graduated approach') has not been enough to help them make expected progress.
• Key Evidence to Include:
  • Reports from professionals (e.g., Educational Psychologist, Speech and Language Therapist, Paediatrician).
  • Current school reports, review documents, and records of the specific interventions (like 1:1 support, small group work) the school has already put in place.
  • A Parental Views letter detailing your child's needs, their impact on learning, and their aspirations (known as Section A of the EHCP).

Step 2: The LA Decision to Assess (By Week 6)

• The LA must decide within 6 weeks whether to agree to carry out the EHCNA. They will only agree if they believe two things are true:
  1. The child has or may have Special Educational Needs (SEN).
  2. It may be necessary for special educational provision to be made via an EHCP.
• Outcome:
  • Yes, Assess: The process moves to Phase 2. The LA writes to you and begins gathering information.
  • No, Refuse to Assess: The LA must provide their reasons and inform you of your right to appeal to the Special Educational Needs and Disability Tribunal (SEND Tribunal).

🧭 Phase 2: The Needs Assessment (Weeks 6–16)

If the LA agrees to assess, they now gather detailed advice from professionals.

Step 3: Professional Advice is Requested (Weeks 6–12)

• The LA contacts all relevant professionals to provide detailed reports on the child’s needs, the provision (support) required, and the outcomes they expect.
• Professionals that must be consulted include:
  • An Educational Psychologist (LA-employed).
  • Health professionals (e.g., paediatrician, CAMHS).
  • Social Care professionals.
  • The child's current school or setting.
  • Any other professional the LA agrees is appropriate (this may include an independent professional you have paid for).
• All professional advice must be provided to the LA within 6 weeks of their request.

Step 4: LA Decision to Issue an EHCP (By Week 16)

• The LA reviews all the information, reports, and evidence gathered during the EHCNA.
• Outcome:
  • Yes, Issue a Plan: The LA agrees the child's needs require more support than can be provided through SEN Support, and an EHCP is necessary. The process moves to Phase 3.
  • No, Refuse to Issue: The LA must provide their reasons and inform you of your right to appeal the decision to the SEND Tribunal.

✅ Phase 3: Drafting and Finalising the Plan (Weeks 16–20)

Step 5: Draft EHCP is Sent (Weeks 16–18)

• If the LA decides to issue a plan, they send you a Draft EHCP.
• Your Action: You have at least 15 calendar days to review the draft. This is a critical review period. You must ensure:
  • The child's needs in Section B are accurately and fully described.
  • The provision (support) in Section F is specific, quantified, and detailed (e.g., stating "3 hours of 1:1 specialist teaching per week" rather than "access to specialist teaching").
  • You must state your preferred school or educational placement to be named in Section I.

Step 6: The Final EHCP is Issued (By Week 20)

• The LA considers your comments and the school preference. They then issue the Final EHCP.
• The Final Plan must be issued within 20 weeks of the date the initial request was received.
• The Final EHCP is a legally binding document, and the LA must ensure the support detailed in Section F is provided.

🔁 Life of an EHCP

• Annual Review: Once issued, the EHCP must be formally reviewed at least once every 12 months (or every 3–6 months for children under 5) to ensure the provision is still appropriate and the child is making progress towards their outcomes.
• Cessation: The plan remains in force until the young person turns 25 (if they remain in education/training) or until the LA decides the plan is no longer needed (e.g., if the child's needs have improved).