What is an Education, Health and Care Plan (EHCP)?
An Education, Health and Care Plan (EHCP) is a legally binding document issued by a local authority that sets out a child or young person’s special educational needs, the support required to meet those needs, and the educational placement responsible for delivering that provision.
EHCPs were introduced by the Children and Families Act 2014 and replaced the former Statement of Special
Educational Needs system.
The purpose of an EHCP is not simply to describe a child’s difficulties.
Its legal function is to ensure that specific educational provision is identified, quantified and delivered.
Where a child’s needs cannot reasonably be met through ordinary SEN Support within school, an EHCP creates a statutory duty on the local authority to secure the provision set out in the plan.
EHCPs apply to children and young people aged 0 to 25 where special educational needs require additional support beyond what a school would normally provide.
The Legal Framework Behind EHCPs
The EHCP system is governed primarily by three key legal instruments:
Children and Families Act 2014
This legislation established the statutory framework for Education, Health and Care Plans and placed duties on local authorities to identify, assess and provide support for children with special educational needs.
SEND Regulations 2014
These regulations set out the procedural requirements for assessments, plan preparation, time limits and reviews.
SEND Code of Practice (2015)
The Code provides statutory guidance explaining how local authorities, schools and health services should implement the law in practice.
Together these documents define:
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when an assessment must be carried out
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what information an EHCP must contain
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the responsibilities of the local authority
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the rights of parents and young people to challenge decisions.
When is an EHCP Required?
Most children with special educational needs receive support through SEN Support within school.
Schools are expected to identify needs early and provide appropriate adjustments through the assess–plan–do–review cycle.
However, an EHCP may be required when:
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a child’s needs are significantly more complex than those typically managed within school resources
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multiple professionals are involved in supporting the child
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specialist provision or therapy is required
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educational progress cannot be achieved through ordinary SEN support.
In these situations, a statutory EHC needs assessment may be requested from the local authority.
If the assessment concludes that additional provision must be coordinated and secured by the authority itself, an EHCP will be issued.
What Information Does an EHCP Contain?
An EHCP is structured into a number of legally defined sections.
Each section serves a specific purpose in identifying needs and securing provision.
The most significant sections include:
Section B – Special Educational Needs
A detailed description of the child’s learning difficulties and barriers to education.
Section C – Health Needs
Health-related needs linked to the child’s special educational needs.
Section D – Social Care Needs
Relevant social care needs arising from disability or additional needs.
Section F – Special Educational Provision
The educational support required to meet the needs described in Section B.
This is one of the most important sections of the plan because the local authority has a legal duty to secure the provision specified here.
Section G – Health Provision
Any health services required to support the child’s needs.
Section H – Social Care Provision
Section I – Educational Placement
The school or educational setting responsible for delivering the provision.
Because EHCPs create legal duties, the wording of these sections must be clear, specific and enforceable.
The Purpose of an EHCP
The core purpose of an EHCP is coordination.
Children with complex needs often require support from:
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schools
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educational psychologists
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therapists
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paediatric services
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social care teams.
Without a structured plan, provision can become fragmented or inconsistently delivered.
An EHCP brings these services together into a single statutory framework, ensuring that the support required to meet a child’s needs is clearly identified and monitored.
It also provides a formal mechanism for reviewing progress and adjusting provision as needs change.
How Long Does an EHCP Last?
An EHCP remains in place until:
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the local authority decides it is no longer necessary
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the young person reaches age 25, or
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the young person leaves education.
Once issued, the plan must be reviewed at least once every 12 months.
These annual reviews allow professionals, schools and families to consider whether:
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needs have changed
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provision remains appropriate
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educational outcomes are being achieved.
Where necessary, the plan can be amended following the review process.
Parental Rights and Appeals
Parents and young people have important legal rights within the EHCP system.
If a local authority:
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issues a plan that does not accurately describe needs or provision
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names an unsuitable educational placement
the decision can be challenged through the First-tier Tribunal (Special Educational Needs and Disability).
SEND Tribunal proceedings focus on evidence, statutory duties and the adequacy of the provision specified in the plan.
Why the Detail of an EHCP Matters
The effectiveness of an EHCP depends on how clearly the plan is written.
Vague wording such as:
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“access to support”
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“opportunities for intervention”
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“regular monitoring”
does not create enforceable obligations.
For provision to be legally enforceable, it should specify:
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the type of support required
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who will provide it
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how often it will occur
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the duration or intensity of the intervention.
Clear drafting ensures that the plan can be implemented properly and, where necessary, enforced.
Understanding the EHCP Process
If you want a detailed explanation of how the EHCP process works from first request to SEND Tribunal, read our complete guide to EHCP applications and appeals.
Obtaining an EHCP involves several stages:
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Requesting an EHC needs assessment
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Assessment by relevant professionals
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Local authority decision whether to issue a plan
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Draft EHCP preparation
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Final plan issued by the authority
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Annual review and potential amendments
Each stage is governed by statutory time limits and procedural requirements.
Understanding how the process works helps families ensure that their child’s needs are properly identified and supported.
Begin With a Strategic Case Review
If you are within a draft EHCP window or appeal deadline, the most effective place to begin is with a Strategic Case Review.
This allows us to assess your position and advise the most appropriate structured pathway for your case.
Talk to us today
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