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SEND & EHCP · the calm parent's guide

SEND and EHC plans, explained without the panic.

If your child needs more support than ordinary school can give, you may need an Education, Health and Care plan. The UK SEND system is complex, slow, and stressful. Sorted explains every stage in plain English — what the law actually says, the statutory timeline, free help to call, and how to win at tribunal (~96% of parents do).

~12 minute read · covers England (Scotland/Wales/NI have different equivalents) · last reviewed 26 May 2026
You don't need permission to start. Any parent or young person aged 16+ can request an EHC needs assessment directly from the council — you do NOT need the school's agreement, the GP's referral, or a private diagnosis. School is one source of evidence. It is not a gatekeeper.
In this guide
1. What is SEND and what is an EHCP? 2. Is my child eligible? 3. How to request an assessment 4. The 20-week statutory timeline 5. Evidence to gather 6. If the council refuses 7. Tribunal appeal (free, ~96% success) 8. Funding + top-up + transport 9. Education other than at school (EOTAS) 10. Free expert help

1. What is SEND, and what is an EHC plan?

SEND stands for Special Educational Needs and Disabilities. A child has SEND if they need more help with learning, communicating, social interaction, sensory needs, physical health, or mental health than ordinary classroom differentiation provides.

Most children with SEND are supported under SEN Support — the school's own ordinary provision. That's the first stage. About 1.6 million UK children are at SEN Support level.

An Education, Health and Care (EHC) plan is a legally binding document issued by the local council under the Children and Families Act 2014. Around 575,000 children in England have one. It sets out:

Section F is the heart of the plan — it's specific, detailed, and legally enforceable. If it says "weekly 1:1 speech and language therapy for 30 minutes", the council MUST provide that. They cannot reduce it without consultation.

Important: an EHC plan is not just about school. It covers health and social care too. It can be issued from birth to age 25. Plans continue into further education (sixth form, college, even apprenticeships).

2. Is my child eligible?

The legal test (Section 36(8) Children and Families Act 2014) has two parts:

  1. The child may have special educational needs (a relatively low bar)
  2. It may be necessary for special educational provision to be made for them via an EHC plan

"May" is deliberately low. The council is NOT testing whether your child will definitely need a plan — they're testing whether assessment is needed to find out. Refusing to assess on the grounds that ordinary differentiation should be enough is unlawful unless the council can show the school has actually tried that and it has demonstrably failed.

Common qualifying conditions / situations — though there is no fixed list:

Diagnoses are not legally required for an EHC plan. But they help. NHS waiting lists for ASD/ADHD assessment are 2-5+ years in many areas — do NOT wait for a diagnosis to request an EHC assessment. The needs and impact are what matter.

3. How to request an EHC needs assessment.

Any of the following can request:

Write to the council's SEND team. Letter format below works.

Free template — request letter

Dear SEND Team,

I am writing to request a statutory EHC needs assessment for my child under Section 36 of the Children and Families Act 2014.

Child's name: [NAME]
Date of birth: [DOB]
Current school/setting: [SCHOOL]
NHS number: [NHS if known]

My child has special educational needs which I believe require an EHC plan to be made for them. The needs include:

[2-3 sentences describing the needs — autism, ADHD, anxiety, learning difficulties, sensory, communication etc. Be specific about the IMPACT on access to learning.]

The school has already provided the following support under SEN Support: [list]. Despite this, my child continues to struggle with [be specific — attendance, academic progress 2+ years below age expected, social isolation, regular escalations, distress, etc.].

I am attaching evidence including [list — see Section 5].

I look forward to your written acknowledgement and the council's decision within the statutory 6-week timeframe. I understand if assessment is refused, I have a right of appeal to the SEND Tribunal.

Yours sincerely,
[YOUR NAME]
Parent of [CHILD'S NAME]

Send by email AND post (recorded delivery if possible). Keep copies. The 6-week clock starts the day they receive it.

4. The 20-week statutory timeline.

From the date the council receives your request, the law sets the following deadlines:

Week 0
Request received
Council acknowledges. Clock starts ticking.
By week 6
Decision whether to assess
The council MUST tell you in writing by 6 weeks whether they will carry out an EHC needs assessment. If they refuse, they must give reasons + appeal rights. Most councils refuse a high proportion of requests at this stage — this is largely unlawful and almost always overturned at tribunal.
By week 16
Decision whether to issue a plan
After gathering evidence from school, you, health, educational psychologist (EP), and others, the council decides by week 16 whether to issue a plan. If they decide not to, you can appeal that decision too.
By week 20
Final EHC plan issued
The full plan must be issued within 20 weeks of the original request. You get a draft first — you have 15 days to comment / request changes / name a school preference. Then a final plan.
If the council misses these deadlines — they often do — you can complain to the Local Government and Social Care Ombudsman (LGSCO). They consistently uphold complaints and order remedies. Late plans are unlawful, not "just slow".

5. Evidence to gather.

The stronger the evidence at the request stage, the harder it is for the council to refuse. Aim for at least 3 of these:

Private reports cost money but often make the difference. EP, SLT and OT private reports range £400-£1,500 each. If a tribunal then orders the council to fund the same provision, you can argue for costs back. Some charities (e.g. Family Fund) help fund private assessments.

6. If the council refuses.

Three things happen at high rates:

  1. Refusal to assess — ~24% of requests are refused at the 6-week stage. Around 96% of these are overturned at tribunal.
  2. Refusal to issue a plan after assessment — ~5%. Around 96% overturned at tribunal.
  3. Issuing a plan with inadequate provision — vague Section F, missing therapies, no specific hours, "the school will provide..." with no specifics. ALL of this is appealable.

Your first option after refusal is Mediation — free, run by an independent mediator. You must consider it before appealing to tribunal (or get a Mediation Certificate confirming you decided not to). Mediation takes 30 days. Some councils settle at mediation to avoid tribunal.

If mediation doesn't resolve it, you appeal to the SEND Tribunal.

7. The SEND Tribunal appeal — free and you usually win.

The First-tier Tribunal (Special Educational Needs and Disability) is part of HMCTS. Statutory body, free, independent of the council. Run by judges.

What you can appeal

Success rates (DfE statistics)

These rates reflect that councils are routinely refusing things they should not refuse. You almost always win — but it takes time and energy.

Process

Many councils settle BEFORE the hearing — especially once they see your evidence bundle is robust and you have professional representation. ~40% of cases settle without a hearing. IPSEA's data shows their represented cases settle or win in ~95% of instances.

8. Funding, top-up, transport.

How the money works (England):

Schools sometimes claim they "can't afford" extra support without an EHC plan because they've already spent the £6,000. That's why an EHC plan unlocks the next funding tier.

Transport

If your child has an EHC plan and goes to a school further than statutory walking distance (2 miles primary, 3 miles secondary), or cannot reasonably walk due to needs, the council MUST provide free transport — usually a taxi or minibus. This is statutory under section 508B Education Act 1996.

Disability Living Allowance (DLA)

Children under 16 with SEND may qualify for DLA — £29.20 to £187.45 per week (2026/27). Not means-tested. gov.uk/disability-living-allowance-children. DLA award triggers Carer's Allowance for the parent (£83.30/week) and may add Disability Premium to your UC.

9. Education other than at school (EOTAS).

For children whose needs cannot be met in any school setting — e.g. severe school-based anxiety (EBSNA), complex medical needs, or where mainstream + specialist schools have all been tried and failed.

Section 61 Children and Families Act 2014 allows the council to arrange education at home (or hospital, or other suitable setting). EOTAS funding can cover:

Councils resist EOTAS strongly — it's expensive. But it's a legal route. Tribunal can order EOTAS as part of an EHC plan if the evidence supports it. IPSEA has detailed guidance.

10. Free expert help.

Do not navigate this alone. These charities provide free expert SEND support:

You're doing the right thing by reading this.

SEND parents are doing one of the hardest jobs in modern Britain. The system is fragmented, slow, and adversarial — not because you're doing anything wrong. Save this page, get free help, take it one step at a time. Tribunal exists for a reason — the law is on your side.

Open Letter Writer → If a council is ignoring you → Find UK grants →
Not legal advice. Sorted is not IPSEA, a solicitor, or your case worker. For your child's specific case, contact IPSEA on 0800 018 4016 (free, expert, registered charity). The legal references on this page are accurate as of 26 May 2026 but specific cases vary.

Sources: Children and Families Act 2014, SEND Code of Practice (DfE 2015), Equality Act 2010, DfE annual SEND tribunal statistics. Last reviewed 26 May 2026. If anything is wrong or outdated please tell us — we fix and date-stamp publicly.