What is an EHC plan? A guide for England

In short

• An Education, Health and Care (EHC) plan is a legal document for children and young people in England who need more support than a school can give through SEN support.
• Parents, young people and schools or colleges can ask the local council for an EHC needs assessment.
• The council has a limited number of weeks to decide and to issue a final plan. The overall limit is 20 weeks from the request.
• The plan is reviewed at least once every 12 months.
• This guide covers England only.

What an EHC plan is

An EHC plan sets out a child's or young person's education, health and care needs, the support they need to meet those needs, and the goals they are working towards. It is written by the local council, which is called the local authority in England.

A plan is legally binding. The council must make sure the support in the plan is provided. This is what makes an EHC plan different from SEN support. It is not a diagnosis, and a child does not need a particular diagnosis to have one. The question is whether their needs are complex enough to need this level of legal support.

Who can ask for an assessment

An EHC needs assessment is the process the council uses to decide whether a plan is needed. Under section 36 of the Children and Families Act 2014, a request can be made by:

• the child's parent
• the young person
• a person acting on behalf of a school or post-16 institution, such as a college

You can request an assessment even if the school has not asked for one. It is sensible to put your request in writing and to keep a copy.

Timescales

The council must first decide whether it needs to carry out an assessment. The SEND Code of Practice sets out a six-week period for this decision. If the council decides not to assess, it must explain its reasons in writing. You can then appeal, as explained in our guide on EHC plan appeals.

If the council does assess, the whole process should be completed within 20 weeks of the request, under the Special Educational Needs and Disability Regulations 2014. Before a final plan is issued, the council must send a draft plan. The parent or young person must be given at least 15 days to respond to it.

Timescales can be affected by circumstances the regulations allow for, so ask the council to explain any delay in writing.

What goes in the plan

A typical plan has several sections. The exact layout can vary, but usually it includes:

• your views, and your child's views, about their needs and what they want from education
• a description of the child's or young person's special educational needs
• the health needs and the health provision that the plan puts in place
• the social care needs and any social care provision
• the outcomes the plan is aiming for
• the special educational provision the school or college must make
• the school, college or other institution named in the plan (usually in section I)

Read the draft carefully. The provision described should match the needs described. If it does not, say so in writing before the plan is finalised.

Annual reviews

An EHC plan must be reviewed at least once every 12 months. The review is a meeting, usually at the school or college, to look at progress and whether the plan still fits your child's needs. Parents and young people should be invited and their views recorded.

The review can lead to changes in the plan. It can also lead to a request for a re-assessment if needs have changed significantly. Young people who are approaching adulthood should also discuss their plans for life after school, such as further education, training or employment.

Getting independent advice

You do not have to manage the process alone. Your local SEND Information, Advice and Support Service (SENDIASS) gives free, confidential advice to parents and young people. Independent charities such as IPSEA also offer advice and can help you understand your rights.

Keep copies of all letters, emails and reports. A clear record makes it easier to challenge decisions later, and it helps everyone work from the same facts.

This guide is general information, not legal advice.