The legal basis for EHCPs
EHCPs were created by the Children and Families Act 2014, which replaced the previous Statements of SEN. The relevant duties are set out across Part 3 of that Act — particularly section 36 (the right to an EHC needs assessment), section 37 (the duty to issue an EHCP) and section 42 (the duty to secure the provision specified in Section F).
These duties are explained in detail in the SEND Code of Practice 2015, which is statutory guidance LAs must "have regard to". The Code, particularly Chapter 9, sets out how decisions must be made and what an EHCP must contain.
An EHCP is the only mechanism in English SEN law that gives a child a personally enforceable right to specific educational provision. Once Section F is finalised, the LA must secure that provision — failure to do so is unlawful and can be enforced through judicial review or complaint to the Local Government and Social Care Ombudsman.
Who qualifies for an EHCP
A child or young person qualifies for an EHCP if two conditions are met under the Children and Families Act 2014:
They have special educational needs (SEN)
A learning difficulty or disability that calls for special educational provision — meaning provision that is additional to or different from what is normally provided in mainstream schools.
It is necessary for special educational provision to be made through an EHCP
The needs cannot reasonably be met from the resources normally available to mainstream schools — typically interpreted as the school's notional SEN budget of approximately £6,000 per year of additional support.
There is no list of qualifying conditions or diagnoses. Children with autism, ADHD, dyslexia, language disorders, sensory impairments, mental health needs, learning disabilities, and many other profiles all hold EHCPs. The legal test is the level and persistence of need, not the label.
What an EHCP contains — the 12 sections
Every EHCP must follow the same structure set out in regulation 12 of the SEN and Disability Regulations 2014. The sections are labelled A through K:
Sections B, F and I are the most commonly disputed and are the only sections you can appeal to the SEND Tribunal. See our full guide to EHCP sections for a deep dive into each one.
What an EHCP gives you that SEN support does not
A statutory duty on the LA to secure provision
Section 42 of the Children and Families Act 2014 makes Section F provision legally enforceable. SEN support has no equivalent duty.
Personally enforceable specific provision
Section F must be specific, detailed and quantified — not 'access to' or 'as required'. Each named hour of support is owed to your child.
A right to a named school
You can name a maintained school, academy, FE college or independent special school. The LA must consult the school and name it unless narrow legal exceptions apply (s.39 CFA 2014).
A right of appeal to the SEND Tribunal
You can appeal LA decisions to the First-tier Tribunal (SEND). Most parents who appeal succeed in whole or in part.
Annual reviews with statutory protections
The LA must hold an annual review at least every 12 months, with particular protections at key transitions (Year 5/6 and Year 9 in particular).
Potential personal budget
Where appropriate, you can request a personal budget for elements of provision — managed directly, by the LA on your behalf, or by a third party.
Continued statutory support to age 25
Where the young person remains in education or training and continues to need EHCP-level support, the plan can continue to age 25 — well beyond compulsory school age.
How to get an EHCP for your child
- 1
Decide if your child has SEN that may need an EHCP
Consider whether SEN support in school has been tried and is not enabling adequate progress, and whether your child's needs span education, and possibly health or social care. Persistent or complex difficulties despite school intervention is the typical trigger.
- 2
Gather evidence of need
Collect school progress data, SEN support plan reviews, professional reports (educational psychologist, speech and language therapist, occupational therapist, paediatrician, CAMHS), and your own observations of the impact at home.
- 3
Request an EHC needs assessment from the LA
Send a written request to your local authority's SEND team. The LA has 6 weeks to decide whether to assess. Use our request letter template to make sure you include the points the LA needs to make a decision.
- 4
Engage with the assessment process
If the LA agrees to assess, it must seek advice from professionals including an EP, your child's school, health, and social care. You can suggest who should be consulted and submit your own evidence.
- 5
Review the draft EHCP and request changes
The LA must send you a draft and give you at least 15 days to comment. This is when you negotiate the wording — particularly Sections B (needs), F (provision), and I (school named). Request specific, quantified provision.
- 6
Appeal if the LA refuses or the EHCP is inadequate
If the LA refuses to assess, refuses to issue, or finalises an EHCP that does not meet your child's needs, you have 2 months to appeal to the SEND Tribunal. Most cases that go to Tribunal succeed in whole or in part.
Signs an EHCP may be appropriate
- Your child is not making expected progress despite SEN support being in place
- School has used external professional advice (EP, SALT, OT) but progress remains limited
- Your child needs provision the school cannot reliably deliver from its own resources
- There are needs spanning education, health, and/or social care that need to be coordinated
- Multiple professionals have raised concerns about the level of support needed
- Your child requires provision that costs significantly more than approximately £6,000 per year
- School absence, exclusion risk or anxiety is escalating despite support
Common misconceptions about EHCPs
- "My child needs a diagnosis first" — false. Diagnosis helps evidence need but is not legally required.
- "The school has to apply for me" — false. You can apply yourself directly to the LA.
- "An EHCP guarantees a special school place" — false. Most EHCPs are delivered in mainstream schools.
- "Once I have an EHCP, the support is set forever" — false. EHCPs are reviewed annually and can be amended at any time.
- "The LA will only give EHCPs to the most severe cases" — false. The legal test is needs, not severity rankings.
- "If the LA says no, that is final" — false. You have rights of appeal to an independent Tribunal that does not work for the LA.
How much does an EHCP cost the family?
Applying for an EHCP is free. The local authority funds the EHC needs assessment including any professional reports it commissions. There is no fee to register a SEND Tribunal appeal, and the Tribunal does not award costs except in exceptional circumstances.
Many families do choose to commission private assessments — particularly a private Educational Psychologist report — to strengthen their case. These typically cost £800-£1,800 but are not required. Free specialist information and casework is available from IPSEA, SOSSEN, and your local SENDIASS service.