EHCP vs SEN support — which does my child need? | EHCP Clarity
Decision Guide

EHCP vs SEN support — which does my child need?

Most pupils with SEN in England are supported through SEN support — the school-led graduated approach in Chapter 6 of the SEND Code of Practice 2015. A smaller number need an Education, Health and Care Plan: a legally binding LA document with enforceable provision under section 42 of the Children and Families Act 2014. Here is how to tell which fits your child's situation.

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Quick answer

SEN support is delivered by the school using its own SEN budget (around £6,000 per year per pupil). An EHCP is a legal document issued by the LA that requires specified provision (section 42 CFA 2014) and unlocks top-up funding. If SEN support is not enough — or your child's needs clearly exceed what mainstream resources can cover — the EHCP route is the right one. You do not need school permission to apply.

Side-by-side comparison

FeatureSEN supportEHCP
Legal basisChapter 6 SEND Code of PracticeSections 37 & 42 CFA 2014
Issued bySchool (SENDCO)Local authority
Legally bindingNo — best-endeavours dutyYes — provision must be secured
FundingSchool's notional SEN budget (~£6,000/yr)Notional SEN + top-up from LA
Typical provisionDifferentiation, group/1:1 interventions, adjustmentsNamed therapies, 1:1 staffing, specialist setting
ReviewsTermly with parentsAnnual review (statutory)
Right of appealNo statutory appeal — only complaintsFull SEND Tribunal appeal rights
Suitable forMost children with mild–moderate SENChildren whose needs cannot be met from school resources alone

Where the line sits in law

Section 20 CFA 2014 defines SEN as a learning difficulty or disability that calls for special educational provision. Most pupils with SEN do not need an EHCP — SEN support is sufficient. Section 36(8) CFA 2014 sets the threshold for an EHC needs assessment: the LA must assess where it appears the child has or may have SEN, and it may be necessary for provision to be made through an EHCP. Section 37 sets the threshold for issuing the plan: the LA must issue if it is necessary for special educational provision to be made through an EHCP.

In practice, the test the SEND Tribunal applies is: can the special educational provision your child reasonably requires be secured through the resources normally available to mainstream schools, or is something more specified, more intensive, or more specialist required? If the latter, the EHCP threshold is likely met.

How to decide which to pursue

  1. 1

    Identify the difficulties clearly

    Note specific examples — academic, social, emotional, sensory, attendance. Use school progress data, behaviour logs, work samples, and any clinical reports.

  2. 2

    Ask the school to start the SEN support cycle

    Write to the SENDCO requesting the 'assess, plan, do, review' cycle under Chapter 6 of the SEND Code of Practice 2015. Set a clear deadline for a response.

  3. 3

    Track whether SEN support is working

    After one or two cycles (usually a term each), look at the data. Is the child catching up, holding ground, or falling further behind? Are the strategies actually being delivered consistently?

  4. 4

    Compare what's needed against what £6,000 buys

    If your child needs significant 1:1 support, named therapies, specialist equipment, or a particular setting, this often exceeds what the notional SEN budget can fund — pointing to an EHCP.

  5. 5

    Decide whether to apply for an EHC needs assessment

    If SEN support has not been enough, or the level of need clearly cannot be met within mainstream resources, apply for an EHC needs assessment under section 36 CFA 2014. You do not need school permission.

  6. 6

    Keep the SEN support paper trail

    Whether or not the EHCP is issued, the SEN support history is a key part of the evidence. Keep every email, plan, review and progress report.

Worked examples

Likely SEN support: moderate dyslexia, making slow but steady progress

A Year 4 pupil with dyslexia who has weekly small-group literacy support, in-class differentiation, and reading-pen access. School data shows steady progress with the support in place. SEN support is likely the right level — escalation to EHCP would only be needed if progress stalls or the gap widens.

EHCP territory: autism + 1:1 needed for safety and access

A Year 2 autistic pupil who cannot remain in class without 1:1 adult support, has frequent meltdowns, requires sensory regulation throughout the day, and is at risk of being unable to attend without consistent specialist provision. The provision needed exceeds what the notional SEN budget can fund — strong EHCP case.

Borderline: ADHD + literacy difficulties at Year 6

Receiving SEN support but progress has plateaued. School is genuinely trying but lacks specialist staffing for the level of intervention required. Apply for an EHC needs assessment so the LA's professional reports establish whether mainstream resources are sufficient — many borderline cases turn out to meet the threshold.

Likely SEN support escalating to EHCP: school refusal linked to anxiety

Initial SEN support — adjusted timetable, key-worker check-ins, low-stim space — may be enough. If anxiety persists, attendance falls below 50%, and CAMHS recommends specialist provision, the EHCP threshold becomes hard to deny.

Signs your child may need an EHCP rather than SEN support

  • SEN support has been in place for at least one or two terms with no measurable progress
  • The provision required is significantly more than ~£6,000 per year
  • Your child needs named therapies (SALT, OT) at a frequency the school cannot fund
  • 1:1 support is required for safety, access, or both
  • A specialist setting is being seriously considered
  • Attendance has dropped substantially because of unmet need
  • Multiple professionals (EP, CAMHS, paediatrician) recommend statutory support

Common misunderstandings

  • 'You have to try SEN support for a year first' — false; you can apply for an EHC needs assessment at any time
  • 'No diagnosis = no SEN support / no EHCP' — false; both are needs-led, not diagnosis-led
  • 'The school decides whether to apply for an EHCP' — false; parents and young people can apply directly to the LA
  • 'EHCPs are only for special schools' — false; most EHCPs are held by pupils in mainstream
  • 'SEN support is legally enforceable' — only loosely; without an EHCP the only remedies are complaints, governors, and (for disabled pupils) the Equality Act 2010

What your pack includes

  • EHCP threshold checker tailored to your child's profile
  • SEN support → EHCP escalation pathway
  • Letter requesting SEN support (template)
  • Letter requesting EHC needs assessment (template)
  • Evidence checklist for both routes
  • Tracker for SEN support reviews and progress data

Frequently asked questions

What's the difference between SEN support and an EHCP?
SEN support is the graduated approach mainstream schools must use for any pupil with SEN, funded from the school's notional SEN budget (around £6,000 per year per pupil). An EHCP is a legally binding document issued by the local authority under section 37 of the Children and Families Act 2014 — it specifies provision the LA must secure (section 42) and is the only mechanism for top-up funding above the school's notional SEN budget.
How do I know which my child needs?
Most children with SEN are appropriately supported through SEN support. The legal threshold for an EHCP is broadly: (1) the child has SEN, and (2) it is necessary for special educational provision to be made through an EHCP — usually because the provision required cannot reasonably be secured from the resources normally available to a mainstream school. Where SEN support has been tried and the child is still not progressing, that is strong evidence the EHCP threshold is met.
Is SEN support enough for autism, ADHD, or dyslexia?
It depends on the level of need. Many children with these diagnoses thrive on SEN support alone. Others — especially those needing 1:1 staffing, a specialist environment, named therapies, or significant adjustments — need the legal certainty an EHCP provides. The diagnosis itself does not decide it; the impact on access to education does.
Do I have to try SEN support before applying for an EHCP?
No. Under section 36 CFA 2014, anyone (including a parent) can request an EHC needs assessment at any time. The LA cannot lawfully refuse just because SEN support has not been tried. However, in practice, evidence that SEN support has been tried and proved insufficient strengthens an EHCP case considerably.
How is the £6,000 figure relevant?
Schools are expected to fund the first £6,000 of additional SEN provision per pupil per year from their notional SEN budget. Above that, the LA may provide top-up funding — usually only via an EHCP. So if the provision your child needs is materially more than £6,000 per year, that is a useful indicator the EHCP threshold may be met.
Can my child have both SEN support and an EHCP?
An EHCP supersedes SEN support. Once an EHCP is in place, the school must deliver everything in Section F using its own resources and the EHCP top-up funding. SEN support arrangements continue informally for any related needs but the binding obligations come from the EHCP.
Is an EHCP harder to get than SEN support?
Yes — it has a statutory threshold and the LA controls the assessment process. SEN support is needs-led at school level. Many families spend a year or more building evidence through SEN support before applying for an EHCP. Others apply earlier; the law does not require a waiting period.
What if the school refuses to put SEN support in place?
Schools have duties under Chapter 6 of the SEND Code of Practice 2015 and the Equality Act 2010. If a school refuses, you can complain to the governors, then to the Department for Education, and you can apply to the LA directly for an EHC needs assessment without the school's agreement.

Related guides

Sources and further reading

This is general information, not legal advice. EHCP Clarity helps parents organise and prepare their own materials. It does not provide legal advice, legal representation, or tribunal advocacy, and nothing on this page should be relied on as a substitute for advice about your specific situation. For free independent expert support, contact IPSEA, SOS!SEN, or your local SENDIASS. For legal representation, instruct a SEND solicitor.