Est. 2019

The Complete Guide to EHCP Applications & Appeals (2026 Parent Guide)

What Is an EHCP?

An Education, Health and Care Plan (EHCP) is a legally binding document issued under Part 3 of the Children and Families Act 2014. It sets out a child or young person’s special educational needs and the provision a local authority must secure to meet them.

The Education, Health and Care Plan (EHCP) process can feel technical and intimidating. It involves legal duties, strict deadlines and formal appeal rights. But at its core, it exists for one reason: to ensure children and young people with special educational needs and disabilities (SEND) receive the provision they require.

This guide explains the EHCP process clearly and calmly - from first request through to tribunal - so you understand your rights and your options at every stage.

Little Nellies focuses exclusively on EHCP and SEND advocacy. This is what we do.

The Legal Framework: Why EHCPs Matter

EHCPs are not discretionary support plans. They are created under law.

The key legislation is the Children and Families Act 2014, particularly Part 3. This Act introduced EHCPs to replace Statements of SEN.

Under Section 36, parents have the right to request an Education, Health and Care Needs Assessment (EHCNA).

Under Section 37, the local authority must issue a plan if it is necessary for special educational provision to be made through one.

Under Section 42, the authority has a legal duty to secure the special educational provision specified in Section F of the plan.

That duty is enforceable.

The process is further governed by:

The Special Educational Needs and Disability Regulations 2014
The SEND Code of Practice (2015)

Local authorities must follow this framework. When families challenge decisions, they are asking the authority to comply with statutory duties - not requesting a favour.

Key Timeframes at a Glance

EHCP Timeframes (England)

• 6 weeks – decision whether to assess
• 20 weeks – maximum timeframe to final plan
• 15 days – draft amendment window
• 2 months – appeal deadline

Stage 1: Requesting an EHC Needs Assessment

You do not need the school’s permission to apply for an assessment.

If your child may have special educational needs and it may be necessary for provision to be made through an EHCP, you can request an assessment directly from the local authority.

The legal threshold is intentionally low. The wording “may have” and “may be necessary” is important. It does not require proof at this stage - only reasonable possibility.

Parents often apply when:

School-based SEN Support is not enough
Progress has stalled significantly
Behaviour reflects unmet needs
There are complex diagnoses
Support levels vary dramatically between settings

Once submitted, the authority has six weeks to decide whether to assess.

Stage 2: The Six-Week Decision

Within six weeks, the authority must issue a formal decision.

If they refuse, they must explain why and inform you of your right to mediation and appeal.

Refusal letters often cite reasons such as “needs can be met at SEN Support” or “insufficient evidence.”

However, the legal test is not whether some support exists - it is whether a statutory plan may be necessary to secure appropriate provision.

If refused, you have the right to appeal to the SEND Tribunal. This is commonly referred to as a SEND35A appeal.

Stage 3: The Assessment Process

If the authority agrees to assess, they must seek advice from:

An educational psychologist
Medical professionals
Social care (where appropriate)
The school
The parents
Any other professional reasonably requested

These requirements are set out in Regulation 6 of the SEND Regulations 2014.

The quality of professional advice matters enormously. Weak or vague reports often lead to weak plans. Detailed and quantified recommendations create enforceable provision.

This stage shapes everything that follows.

Stage 4: The Draft EHCP — Understanding What You’re Reading

If the authority decides to issue a plan, you will receive a draft EHCP.

This document is divided into Sections A–K.

Section B describes your child’s special educational needs.

Section F describes the special educational provision required to meet those needs.

Section I names the school.

Section F is the most important part. Under Section 42 of the Children and Families Act, the authority must secure this provision.

Provision must be specific and quantified. Words like “access to”, “regular”, or “opportunities for” are legally weak. Good plans state hours, frequency, staffing ratios and delivery methods clearly.

Parents have 15 calendar days to comment on the draft and request amendments, including naming a preferred school.

This window is short - and crucial.

Stage 5: The Final EHCP and Your Right to Appeal

Once the plan is finalised, you may appeal if:

The authority refuses to issue a plan
You disagree with Sections B or F
You disagree with the named school
The authority refuses to amend the plan after review

Appeals are heard by the First-tier Tribunal (Special Educational Needs and Disability).

Stage 6: Mediation

Before you can lodge most SEND appeals, you must contact a mediation adviser and obtain a mediation certificate.

This is a legal requirement.

It does not mean you must attend mediation.

It means you must consider it.

The mediation adviser will explain the process and issue a certificate confirming that mediation has been discussed.

At that point, you can decide:

To take part in mediation
or
To proceed directly to tribunal

Mediation can sometimes resolve disputes more quickly. For some families, it provides an opportunity to clarify misunderstandings or narrow the issues in dispute.

However, it does not replace your right of appeal.

If agreement is not reached, you retain full access to the SEND Tribunal.

Most disputes that reach tribunal arise because draft wording was vague, provision was unquantified, or the legal threshold was misapplied earlier in the process.

Tribunal is often the point where structure becomes decisive.

Stage 7: The SEND Tribunal

If mediation does not resolve the disagreement - or if you choose not to participate - the next step is the SEND Tribunal.

The First-tier Tribunal (Special Educational Needs and Disability) is independent of the local authority.

Its role is to determine whether the authority has complied with its legal duties under the Children and Families Act 2014.

Tribunal is not about confrontation.

It is a structured legal process focused on evidence.

Panels usually consist of:

A legally qualified judge
A specialist member with educational expertise

The tribunal considers:

Whether needs are accurately described
Whether provision is appropriate and clearly specified
Whether the named placement is suitable

It does not consider local authority budgets.

Most cases are decided primarily on written evidence, supported by oral clarification where necessary.

Timescales and Delay

From initial request to final plan, the statutory maximum timeframe is 20 weeks.

In practice, delays are common.

Failure to meet statutory timescales may form part of a formal complaint or, in serious cases, judicial review.

While minor delay does not automatically invalidate a plan, systemic delay may indicate maladministration.

Understanding timeframes helps families recognise when statutory duties are not being met.

Annual Reviews and Ongoing Duties

An EHCP must be reviewed at least annually.

During review, the authority must consider whether the plan remains appropriate. If amendments are required, a formal amendment process begins, triggering fresh appeal rights.

For young people aged 16–25, the authority must consider preparing for adulthood - including education, employment, independent living and community participation.

EHCPs can continue until age 25 if educational outcomes remain appropriate.

Common Local Authority Failures

Across England families often report similar issues:

Unlawful refusals to assess.
Vague draft wording.
Failure to quantify therapy provision.
Delays beyond statutory deadlines.
Naming placements unable to meet need.

Recognising these patterns can reduce the sense of isolation many families feel.

Evidence: The Difference Between Frustration and Success

Emotional arguments rarely persuade tribunals. Evidence does.

Preparing evidence properly is one of the most important parts of a successful appeal. Many families organise their documentation using a structured EHCP evidence bundle.

Strong cases often include:

Independent educational psychology reports.
Speech and language assessments.
Occupational therapy recommendations.
School progress data.
Behaviour records.
Medical letters.