How to Apply for an EHCP as a Parent (England)

In England, you can apply for an EHCP yourself. You don't need the school's permission, a diagnosis, or a report from an educational psychologist. You write to your local authority and ask for an education, health and care (EHC) needs assessment. The council then has 6 weeks to decide whether to assess, and 20 weeks from your request to issue a final plan if it agrees one is needed.

This guide walks through each step, what to include, and what to do if the answer is no. It covers England only: Wales, Scotland and Northern Ireland have different systems.

Written by Laura Frampton, a UK-qualified teacher with over ten years' experience working with children and their families, including seven in a school SENCo team.

What is an EHCP?

An education, health and care plan (EHCP) is a legal document from your local authority. It describes your child's special educational needs, the support they must receive, and the school or setting they will attend.

Three sections matter most:

• Section B: your child's special educational needs.
• Section F: the special educational provision they must get. This is the part the council is legally responsible for delivering.
• Section I: the school or setting named in the plan.

Most children with special educational needs are supported in school without an EHCP, through what's called SEN support. An EHCP is for children who need more than a school can usually put in place on its own. If you're not sure your child is at that point, our guide to EHCP criteria explains the legal test.

What changes with a plan is that the support in section F becomes a legal duty. It no longer depends on a particular teacher, or on what the school can afford that term.

How long does it take?

The law sets these time limits, counted from the day the council receives your request:

• Day you send it — your request arrives and the clock starts. Keep a copy and note the date.
• Within 6 weeks — the council tells you whether it will carry out an EHC needs assessment.
• Within 16 weeks — if it assessed, the council tells you whether it will issue a plan. If yes, you get a draft plan.
• At least 15 days — your time to comment on the draft and ask for a particular school.
• Within 20 weeks — the final EHCP is issued.

Councils can only go over these limits in a few specific situations, such as school holidays affecting the assessment or exceptional family circumstances.

Step 1: Gather what you already have

You don't need a complete file before you apply, and you don't need to pay for private reports. Pull together what you have:

• school reports and any SEN support plan, including what's been tried and how your child responded
• attendance records, and any notes of exclusions or reduced timetables
• letters or reports from your GP, paediatrician, speech and language therapist, occupational therapist or CAMHS
• your own notes: specific, dated examples of what you see at home and what your child tells you about school

Describe what your child does, not just labels. "Can't start writing without an adult sitting beside him, so finishes about a third of the work set" tells the council far more than "struggles with writing".

Evidence is strongest when it shows a pattern over time: the same difficulty noticed by different people, in different settings, with dates.

Step 2: Write your request

Send it to your council's SEN or SEND team. Many councils have an online form, often on their local offer website, but an email or letter is just as valid. The law doesn't require a particular form.

Include:

1. Your child's full name, date of birth, school and year group.
2. A clear sentence: "I am requesting an education, health and care needs assessment under section 36 of the Children and Families Act 2014."
3. A summary of your child's needs, grouped under the four areas schools use: communication and interaction; cognition and learning; social, emotional and mental health; and sensory and/or physical needs. Only use the areas that apply.
4. What support the school has put in place, and what has and hasn't changed as a result.
5. Why you think your child may need support through an EHCP.
6. A numbered list of the documents you're attaching.

The school can also make the request, but you don't need to wait for them. Many parents tell the school they're applying and ask the SENCo for a supporting report.

Our free UK school advocacy toolkit has more on what to ask for and how to ask for it.

Step 3: The decision to assess (within 6 weeks)

The council must agree to assess if your child has or may have special educational needs, and it may be necessary for support to be provided through an EHCP. That's the test in section 36(8) of the Children and Families Act 2014. It's deliberately a low bar: you don't have to prove a plan is needed at this stage, only that it might be.

Step 4: The assessment

If the council agrees, it collects advice from people who know your child. That usually includes:

• the school or setting
• an educational psychologist
• health professionals already involved
• social care, if relevant
• you, and your child

Your own written views carry real weight. Write about your child's strengths and interests as well as their difficulties, what helps, what has gone wrong, and what you hope for. Ask your child what they find hard and what would help, in whatever way suits them.

Step 5: The decision to issue a plan, and the draft (within 16 weeks)

After the assessment, the council decides whether to issue a plan. If it does, you get a draft. You have at least 15 days to comment and to ask for a particular school or setting to be named.

Read section F closely. Good provision is specific: who will do what, how often, and for how long. "Access to support as needed" is too vague to rely on. "Thirty minutes of one-to-one literacy support, three times a week, delivered by a trained teaching assistant" is the kind of detail to look for.

If a line in section F uses phrases like "access to", "opportunities for" or "as needed", ask for it to say exactly what will happen, how often and who will do it.

Step 6: The final plan (within 20 weeks)

The final EHCP must be issued within 20 weeks of your original request. Once it's final, the council must make sure the provision in section F is delivered. The plan is then reviewed at least once a year: see our guide to the EHCP annual review.

What if the council says no?

You can appeal to the SEND Tribunal if the council refuses to assess, or assesses and then refuses to issue a plan. Before appealing, you usually need to speak to a mediation adviser, who gives you a certificate. You don't have to go ahead with mediation itself. There's a strict deadline: usually 2 months from the date of the decision letter, or 1 month from the mediation certificate if that's later. The decision letter must tell you your appeal rights.

Some refusals give reasons that don't match the legal test. None of these, on their own, is a reason the law accepts for refusing to assess:

• your child doesn't have a diagnosis
• there's no report from an educational psychologist yet
• the school hasn't completed a set number of support cycles
• the school hasn't spent a set amount on your child's support
• your child is working at the expected level

Your local SENDIASS service gives free, impartial advice on EHCPs and appeals. Search for your council's name and "SENDIASS". IPSEA, a national charity, also has free legal guidance and template letters.

Is the EHCP system changing?

The government published proposals for SEND reform in February 2026. They would limit EHCPs to children with the most complex needs and introduce Individual Support Plans for others. Under the proposals, the new system wouldn't start until September 2029, and existing EHCPs wouldn't change before September 2030. The proposals are still being consulted on.

For now, nothing has changed. You can apply for an EHCP under the current law, and this guide describes how. We'll update it if the law changes.

Frequently asked questions

Can I apply for an EHCP without the school?

Yes. Parents have a legal right to request an assessment directly from the local authority. The school can support your request, but it doesn't need to agree.

Do I need a diagnosis to apply for an EHCP?

No. The test is about your child's needs and the support they need, not about a diagnosis. Our guide to EHCP criteria explains more.

How long does an EHCP take?

Up to 20 weeks from the day the council receives your request, with a decision on whether to assess within 6 weeks.

Can I apply for an EHCP online?

Many councils have an online form on their local offer website. An email or letter to the SEN team is equally valid.

Does it cost anything to apply?

No. The assessment and the plan are free.

Can my child have an EHCP in a mainstream school?

Yes. Many children with EHCPs attend mainstream schools, with the plan setting out the support the school must provide.

Next steps

• Not sure your child qualifies? Read our guide to EHCP criteria.
• Get our free UK school advocacy toolkit for what to ask for and how to ask.
• Talk it through with Liora, our support companion for parents. It can help you organise your thoughts and get your evidence in order before you write your request. Free to try.

This guide is general information about the law in England, not legal advice. For advice on your situation, contact your local SENDIASS service.