The EHC (Education, Health and Care) plan is one of the most important documents in a child's education for those who need it, and one of the most confusing processes for parents to navigate. The legal framework is relatively clear; the practice varies enormously between local authorities, and families often encounter delays, inadequate provision, and a system that requires significant persistence to work effectively.
Understanding how the process is supposed to work – and where the leverage points are – makes it more manageable. The children who receive the best support under EHC plans are usually those whose parents understand the framework, advocate effectively, and know when they can push back.
Healthbooq (healthbooq.com/apps/healthbooq-kids) covers children with additional needs and parental rights.
What an EHC Plan Is
An EHC plan is a legal document produced by the local authority (LA), under the Children and Families Act 2014, for children and young people aged 0-25 who have special educational, health, or care needs that cannot be met from within the resources normally available to schools.
The plan describes the child's needs across education, health, and social care; the outcomes the plan is working toward; and the provision (support, resources, and specialist input) that must be provided to meet those needs. Crucially, the educational provision in an EHC plan is legally enforceable: if the plan says the child needs 25 hours of one-to-one support, the school and LA must provide it.
The EHC plan replaced Statements of Special Educational Need in September 2014, extending the framework to include health and social care needs and extending the age range from 0 to 25.
Who Needs an EHC Plan
Not all children with SEN need an EHC plan. The SEND (Special Educational Needs and Disabilities) system has two tiers: SEN support (provided by the school from its own resources, coordinated by the SENCO) and EHC plans (for children whose needs are more complex and require additional provision beyond what schools can typically provide).
An EHC plan is appropriate when: the child's needs are significant and complex; the school's SEN support is not sufficient to meet them; specialist input (from a speech and language therapist, occupational therapist, psychologist, or specialist teacher) is needed on a regular and sustained basis; or the child is not making adequate progress despite SEN support.
Conditions commonly associated with EHC plans include autism (particularly where accompanied by learning differences or communication difficulties), cerebral palsy, sensory impairment (visual or hearing), severe learning difficulties, ADHD in children whose needs cannot be met from SEN support, speech and language disorders, and complex mental health conditions.
How to Request an Assessment
Any parent, young person (aged 16+), or professional (teacher, health visitor, GP) can request an EHC needs assessment from the local authority. The request should be in writing and should include a description of the child's needs, what support has already been provided, what progress has been made (or not), and why a statutory assessment is needed.
The local authority has 6 weeks from receiving the request to decide whether to carry out the assessment. If they agree to assess, the full process from request to issuing the final plan must be completed within 20 weeks. These are statutory timescales; the LA must meet them, and parents can challenge delays.
If the LA decides not to assess, parents can appeal to the First-tier Tribunal (Special Educational Needs and Disability Tribunal, often called the SEND Tribunal). Many such appeals succeed.
What the Assessment Involves
An EHC needs assessment gathers information from multiple sources: the school (or early years setting), parents and the child or young person themselves, education professionals, health professionals (including the child's GP, paediatrician, any specialist teams involved), social care, and, where relevant, specialist educational psychologists.
Parents should be fully involved in the assessment process and should receive copies of all advice gathered. They have the right to provide their own written evidence.
What a Good EHC Plan Looks Like
The quality of EHC plans varies enormously. A good EHC plan is specific: it names the provision that will be provided (not vague phrases like "access to support" but specific statements like "30 minutes per week of individual speech and language therapy from a qualified SLT"), it identifies who will provide each element, and it describes measurable outcomes.
The section on educational provision is the most legally significant: it must be specific enough to be enforceable. Generic phrases ("will receive support as needed" or "will have access to resources") are not enforceable and should be challenged.
Parents should read draft plans carefully before signing off on them. IPSEA (Independent Provider of Special Education Advice) provides free legal advice for parents and has a helpline and a range of model EHC plan provisions to compare against what has been offered.
Naming a School
The EHC plan must name the school or setting where the child will be educated. Parents have a strong right to request that a specific school be named, and the LA must name it unless it would be incompatible with the efficient use of resources or unsuitable for the child. This covers mainstream schools (including specialist resourced provisions within mainstream schools), special schools, and independent special schools.
If the LA refuses to name the parent's preferred school, or names a school the parents don't believe will meet the child's needs, this can be appealed to the SEND Tribunal.
Annual Reviews
EHC plans must be reviewed annually, with a formal meeting at which the plan is evaluated, updated, and either amended, maintained, or discontinued. For children in Years 9-12 (age 13-18), the annual review is called a Transition Review and must include planning for the transition to adulthood.
Parents should receive a copy of the proposed amendments to the plan after the review and have the right to comment before the amended plan is finalised.
Getting Help
IPSEA (Independent Provider of Special Education Advice) is the primary legal support organisation for families in England, providing free independent advice about the SEND Code of Practice and the law. Their helpline is 0300 0184 016.
Council for Disabled Children also provides guidance and resources. SEND Information, Advice and Support Services (SENDIAS) in each local area provide free, impartial advice and are often the most accessible starting point for families new to the process.
Key Takeaways
An Education, Health and Care (EHC) plan is a legally binding document that describes a child or young person's special educational, health, and care needs and the support they require to meet them. EHC plans replaced Statements of Special Educational Need in England in 2014 under the Children and Families Act. They are relevant for children from birth to age 25 with significant needs. The process of getting an EHC plan involves a request for assessment, a 20-week timeline from request to plan, and annual reviews. IPSEA and Council for Disabled Children are key organisations supporting families through the process, which is notoriously variable in quality across local authorities.
