How to Apply for an EHCP: A Parent’s Guide (2026)

A diagnosis is not a requirement to apply for an EHCP, neither is the school’s permission. This guide explains how to apply, the legal deadlines and options...

The short version

An education, health and care plan (EHCP) is a legal document for children and young people up to age 25 who need more help than a school’s ordinary SEN support can provide.
You do not need a diagnosis to apply. You do not need the school’s permission. A parent can make the request directly, and the legal test is based on need.
The law sets three main deadlines: 6 weeks for a decision on whether to assess, 16 weeks for a decision on whether to issue a plan and 20 weeks for the final plan.
These deadlines are often missed. In 2025, only 46.1% of new plans were issued within 20 weeks.
Councils refused to assess 34.8% of requests in 2025. You can appeal a refusal, and parents win the overwhelming majority of cases that reach a tribunal decision.
The SEND system is being reformed, but EHCP support will not change before September 2030. Applications made now are governed by the current law.

What an EHCP is

An EHCP describes a child or young person’s special educational needs, sets out the support they must receive and names the setting in which that support will be provided. It is available to children and young people up to age 25 whose needs require more than SEN support, which is the help a school provides from its own resources.

The distinction matters. SEN support is arranged and funded by the school. An EHCP places a legal duty on the local authority (LA) to provide the support specified in the plan.

In January 2026, 718,838 children and young people in England had an EHCP. That was a 12.5% increase in one year and the largest annual rise since EHCPs were introduced in 2014. Local authorities received 162,702 requests for assessment during 2025.

EHCPs apply only in England. Scotland, Wales and Northern Ireland have different systems.

You do not need to wait for a diagnosis

Many families are told to wait for a diagnosis before applying.

A family I know spent months being told this. The school was supportive, but its position was clear: there could be no application without a diagnosis.

That is not what the law says. Section 36 of the Children and Families Act 2014 sets two tests:

Does the child or young person have, or may they have, special educational needs?
May it be necessary for special educational provision to be made through an EHCP?

Neither test requires a diagnosis. A diagnosis may support an application, but it is not a condition of applying.

You also do not need the school to apply on your behalf. A parent can ask the local authority directly, as can a young person aged 16 to 25. Others who believe an assessment may be necessary can also make a request, including doctors, health visitors, teachers and family friends.

Evidence from the school can strengthen your application. Its permission is not required.

How to apply for an EHCP

Step 1: Make a written request

Write to your local authority and ask for an EHC needs assessment.

Explain:

your child’s needs;
what the school or nursery has already tried;
how much support has been provided;
what effect that support has had; and
why you believe an EHCP may be necessary.

Include any evidence you already have, such as school or nursery reports, medical assessments and a letter describing what a typical week is like for your child.

Keep a dated copy of the request and proof that the local authority received it. The statutory timetable starts when the LA receives your request.

Step 2: Wait for the 6-week decision

The local authority must tell you within 6 weeks whether it will carry out an EHC needs assessment. This deadline is set by regulation 4 of the SEND Regulations 2014.

If the LA agrees, it will gather evidence about your child’s needs. This may include an assessment by an educational psychologist.

If it refuses, it must explain its reasons in writing.

Step 3: Check the 16-week decision

The local authority must tell you within 16 weeks of the original request whether it has decided to issue an EHCP.

Most completed assessments result in a plan. In 2025, local authorities issued an EHCP following 93.6% of completed assessments.

Step 4: Review the draft plan

If the LA decides to issue an EHCP, it will send you a draft. You must be given at least 15 days to comment and to ask for a particular school or college to be named.

Use this period carefully. Check that the plan describes all your child’s needs and specifies the provision required to meet them.

Step 5: Receive the final plan

The local authority must issue the final EHCP within 20 weeks of receiving the original request.

Step 6: Check the final plan closely

An EHCP is a legal document, so its wording matters.

Section B describes your child’s special educational needs.

Section F specifies the special educational provision required.

Section I names the school or other setting.

Phrases such as “access to support” or “regular support” may be too vague. During the 15-day consultation period, ask for provision to be described precisely, including its frequency, duration, staffing and delivery where appropriate.

Section 42 of the Children and Families Act 2014 says that the local authority “must secure the specified special educational provision”. Where the plan specifies health care provision, the responsible NHS body must arrange it.

The EHCP must be reviewed at least once every 12 months under section 44 of the Act.

What to do if the council says no

Refusal at the first stage is common. Of the 162,702 requests made in 2025, local authorities agreed to assess 65.2% and refused 34.8%.

The refusal letter must explain the LA’s reasons. You can challenge:

a refusal to carry out an EHC needs assessment;
a refusal to issue an EHCP following an assessment;
the special educational provision described in the plan; or
the school or other setting named in the plan.

Before appealing, you must consider mediation. If you decide not to mediate, or mediation does not resolve the dispute, you will receive a mediation certificate.

The deadline for registering an appeal with the SEND Tribunal is:

two months from the date of the decision letter; or
one month from the date of the mediation certificate,

whichever gives you more time.

In 2025/26, 29,000 SEND appeals were registered, the highest number recorded and an increase of 23% from the previous year.

Reported official data also show that, in 2024/25, 99% of SEND cases that reached a tribunal decision were decided in the parents’ favour.

That figure needs context. Cases that reach a tribunal decision are not a representative sample of all disputes. Many cases settle before a hearing, particularly when the local authority is presented with stronger evidence. The 99% figure should not be read as the likelihood that any appeal will succeed.

Independent evidence can make a substantial difference. For the family I know, the deadlock ended after they obtained an independent educational psychologist’s report and submitted new evidence. The local authority conceded, and the tribunal later confirmed the family’s position.

The legal timetable and what happens in practice

The statutory deadline for issuing a final EHCP is 20 weeks. In 2025, only 46.1% of new plans were issued within that period. Many families waited longer. For the family I know, the full process took between 12 and 18 months.

Widespread delay does not make the statutory deadlines optional. Keep a clear written record throughout the process:

Calculate the 6-week, 16-week and 20-week dates as soon as the LA receives your request.
Follow up in writing rather than relying only on telephone calls.
Record each missed deadline, including the date and what response, if any, you received.
Keep every decision letter and note the appeal deadline immediately.

A missed statutory deadline may support your case. It does not, however, extend the appeal period following a refusal. If you do not act on a refusal letter in time, you may lose the right to challenge that decision.

The family I know wishes they had understood sooner that the deadlines were enforceable legal duties, not target dates.

What the proposed SEND reforms mean for EHCPs

You may have read that EHCPs are being restricted, replaced or abolished. As of early October 2026, none of those changes has become law.

The government has published a schools white paper and consulted on changes to the SEND system. The consultation closed on 18 May 2026, and the government’s response is still awaited.

The proposals include Individual Support Plans and changes to the role of EHCPs. They remain proposals and would require new legislation.

The existing SEND framework therefore remains in force. The government’s implementation timetable states that:

new legislation is expected to come into force from September 2029, subject to Parliament;
there will be no changes to EHCP support before at least September 2030;
existing EHCPs will not be affected before September 2030;
future transitions will take place at natural school-transfer points; and
children in specialist placements will remain there unless they choose to move.

If your child needs an EHCP now, an application made now is governed by the current law and carries the current rights of appeal.

This section was checked against the VWV SEND reforms tracker on 2 October 2026.

Choosing a school

When you receive the draft EHCP, you have at least 15 days to ask for a school or college to be named in Section I.

Among children and young people with EHCPs, 45.5% attend mainstream schools and 29.4% attend special schools. Of those attending mainstream education, 8.7% are in SEN units or resourced provision.

Visit each school you are considering with the draft EHCP in hand. Ask how the school would deliver the provision in Section F and whether it has the staff, facilities and experience your child needs.

You can also compare the schools’ wider records, including:

Schoolwize brings these figures together in one profile for every school in England. The basic profiles are free to browse, with a one-off Decision Pass providing full subject-by-subject detail.

Where to get free help

You do not have to manage the process alone. Free sources of support include:

IPSEA: Legally trained advice and free guides on SEND law.
Your local Information, Advice and Support service: A statutory service available in every council area. You can find your local service through the Council for Disabled Children’s IAS network.
SOS!SEN: A parent-run helpline offering help with applications, forms and refusals.
Contact: Advice for families with disabled children, including advice about education.

Frequently asked questions

Do I need a diagnosis to get an EHCP?

No. The legal test asks whether your child has or may have special educational needs and whether provision through an EHCP may be necessary. A diagnosis can be useful evidence, but it is not an entry requirement.

Can a school refuse to let me apply for an EHCP?

No. A parent can request an EHC needs assessment directly from the local authority. The school cannot block the request, and you do not have to wait for a diagnosis.

What happens if the council refuses to assess my child?

The council must give its reasons in writing. You can consider mediation and then appeal to the SEND Tribunal. The deadline is two months from the decision letter or one month from the mediation certificate, whichever is later.

How long does an EHCP take?

The statutory limit is 20 weeks from the request to the final plan. In 2025, only 46.1% of new plans were completed within that period. Record each deadline and follow up in writing if the council misses it.

Are EHCPs being scrapped?

No. The government has proposed reforms, but no legislation implementing them has passed. The current timetable states that EHCP support will not change before at least September 2030.

What is the difference between SEN support and an EHCP?

SEN support is arranged by a school from its own resources. An EHCP is a legal document that requires the local authority to secure the provision it specifies. If SEN support meets your child’s needs, an EHCP may not be necessary. If your child needs provision that cannot reasonably be delivered through ordinary SEN support, an EHCP may be required.