Question 1

Can I request an EHCP myself, or does it have to come from the school?

Accepted Answer

You can request an EHC needs assessment yourself. Under Section 36 of the Children and Families Act 2014, a parent has a direct legal right to ask their local authority for an assessment — you do not need the school's permission, and you do not have to wait for the school to do it. A young person aged 16 to 25 can also request one themselves.

Question 2

What evidence do I need to request an assessment?

Accepted Answer

There is no fixed list of required evidence, and you should not delay your request while you gather more. Helpful evidence includes school reports, reports from professionals such as a paediatrician, speech and language therapist or educational psychologist, letters about any diagnoses, and your own written account of your child's needs. The council must consider your request even if you have little formal evidence — the legal test is whether the child may have SEN and may need an EHC plan.

Question 3

Does my child need a diagnosis to get an EHCP?

Accepted Answer

No. An EHCP is based on a child's needs and the support they require — not on a diagnosis or a label. A child can have an EHCP with no formal diagnosis, and having a diagnosis does not automatically entitle a child to one. The question is always about the level of special educational provision the child needs.

Question 4

The council refused to assess my child — what can I do?

Accepted Answer

A refusal is not final — it is the council's opinion, and you have the right to challenge it. You can appeal a refusal to carry out an assessment to the First-tier Tribunal (SEND). The outcome depends on the legal test and your evidence; a national headline percentage cannot predict an individual appeal.

Question 5

How long do I have to appeal a refusal?

Accepted Answer

You have 2 months from the date of the council's decision letter, or 1 month from the date of your mediation certificate, whichever is later, to lodge an appeal with the SEND Tribunal. Do not delay — note the date on the letter and act within the window.

Question 6

Do I have to go to mediation before going to tribunal?

Accepted Answer

You do not have to take part in mediation itself, but before you can register a tribunal appeal you must first contact a mediation adviser and obtain a mediation certificate. You can then decide whether to go through with mediation or proceed straight to tribunal.

Question 7

What sections does an EHC plan have?

Accepted Answer

An EHC plan has 11 sections, labelled A to K — covering your child's views, their needs, the outcomes, the provision, the named school, and the supporting evidence. Section F (special educational provision) is the legally enforceable part. For a full plain language breakdown of all 11 sections, see our EHCP Did You Know page.

Question 8

Which part of the EHCP is legally enforceable?

Accepted Answer

Section F — the special educational provision — is the legally enforceable part. Section 42 of the Children and Families Act 2014 places an absolute duty on the local authority to secure the provision set out in Section F. Section B (needs) is closely linked: every need described in Section B should have matching provision in Section F.

Question 9

My child's plan says 'support as required' — is that good enough?

Accepted Answer

The SEND Code of Practice says provision in Section F should normally be detailed, specific and quantified — for example the type, hours, frequency and expertise required. Vague wording such as "access to support as required" can make the local authority’s section 42 duty harder to understand and enforce. If a draft uses vague language, ask for wording tied to the evidence and identified need.

Question 10

Can I choose which school is named in my child's EHCP?

Accepted Answer

Yes — you have the right to express a preference for a particular school or college to be named in Section I of the EHC plan. The local authority must name your preferred school unless one of a limited set of exceptions applies.

Question 11

Can the council name a different school from the one I asked for?

Accepted Answer

Only in limited circumstances. The council can decline to name your preferred school if it would be unsuitable for the child's age, ability, aptitude or needs, or if placing the child there would be incompatible with the efficient education of others or the efficient use of resources. If the council names a different school, you can appeal that decision to the SEND Tribunal.

Question 12

Can I ask for a specialist school instead of a mainstream school?

Accepted Answer

Yes. You can express a preference for a specialist (special) school in Section I. The decision is based on your child's needs and whether the school can meet them. If the council refuses your preferred placement, this is one of the most commonly appealed decisions at the SEND Tribunal — and strong, documented professional evidence about your child's needs is what matters most.

Question 13

How long should the whole EHCP process take?

Accepted Answer

From the date you request an assessment to the date the final EHC plan is issued, the whole process must normally be completed within 20 weeks. Within that, the council must tell you within 6 weeks whether it will carry out an assessment.

Question 14

My child's plan has been a 'draft' for months — is that allowed?

Accepted Answer

No. A plan should not sit in draft indefinitely. Once the council decides to issue a plan, the final EHC plan must be issued within the 20-week overall timescale. If your plan has been stuck in draft beyond the statutory deadlines, that delay is unlawful and you can challenge it — through a formal complaint to the council, and ultimately the Local Government and Social Care Ombudsman.

Question 15

The council has missed a deadline — what can I do?

Accepted Answer

Statutory deadlines are legal duties, not targets. If the council misses one, write to them setting out the deadline that has passed and asking for an explanation and a date. If the delay continues, make a formal complaint through the council's complaints process and then complain to the Local Government and Social Care Ombudsman, which can recommend the council put things right and pay compensation.

Question 16

How often must my child's EHCP be reviewed?

Accepted Answer

An EHC plan must be reviewed at least every 12 months at an annual review. For children under 5, the SEND Code of Practice recommends reviews every 3 to 6 months. The review checks whether the plan still meets your child's needs and whether it should stay the same, be amended, or cease.

Question 17

Can the council change my child's EHCP without telling me?

Accepted Answer

No. If the council proposes to amend the plan, it must send you the proposed amendments and give you at least 15 days to comment and to express a school preference. You have the right to be involved, to disagree, and — if you do not agree with the final amended plan — to appeal to the SEND Tribunal.

Question 18

Can the council stop (cease) my child's EHCP?

Accepted Answer

A council can only cease to maintain an EHC plan in limited circumstances — for example, if the child no longer needs the special educational provision, or has left education. It cannot cease a plan simply because a child has turned 16, 18 or 19. If the council decides to cease the plan and you disagree, you have the right to appeal to the SEND Tribunal, and the plan must usually stay in place while the appeal is ongoing.

Common Questions

Requesting an assessment

If you've been refused

Your EHC plan

Choosing a school

Timescales & delays

Reviews & changes