Lived experience. Evidence based. Fight ready.

EHCP Guide: What Really Happens (And How To Win)

This isn't another bureaucratic guide. This is what councils don't tell you, what actually works, and how to get your child the support they deserve.

Quick entry points:
Already been refused? Jump to "When Refused" →
Need to appeal? Jump to "Appeal Process" →
Child out of school? See Section 19 duty →
Annual review coming up? Jump to Annual Reviews →
Need letter templates? Jump to Scripts →

🔵 Updated June 2026 — what's changed

The SEND and AP Improvement Plan (2023) continues to roll out — LAs are under increased scrutiny for compliance but enforcement remains inconsistent
Tribunal numbers hit record highs in 2024-25 — families are winning more than ever but waiting times have increased significantly
Mediation requirement remains mandatory before tribunal — you must contact the mediation service even if you decline mediation itself
Section 19 duty (education out of school) is being increasingly tested in courts — LAs cannot use EHCP delay as reason to avoid providing alternative education
Right to mainstream presumption has been reaffirmed — LAs cannot move children to special school without parental agreement and clear evidence mainstream cannot meet needs

⚠️ Guidance only — NOT legal advice | Last updated: June 2026
This provides information based on the Children and Families Act 2014, SEND Code of Practice, and current case law. It is NOT legal advice. For specific legal guidance, consult a qualified education law solicitor or contact IPSEA.

The truth first (before you start)

If this feels overwhelming, that is not a personal failing.
The EHCP system is deliberately complex and adversarial. Councils have teams of professionals and decades of experience in refusing applications. You're doing this while exhausted, while caring, while fighting for your child. The fact that you're here, reading this, gathering evidence — that's not weakness. That's strength.

⚠️ Reality check
Most councils refuse first-time EHCP applications. This isn't because your child doesn't need it. It's because refusal is cheaper than provision. Around 95 to 98 percent of families who appeal refusals WIN — a figure consistently borne out by Ministry of Justice SEND Tribunal statistics. In 2023-24 the LA conceded or lost in 96% of appeals. The system is designed to wear you down. Don't let it.

What you need to know before you begin:

They will delay
Legal timeline: 20 weeks. Reality: NHS England and Ofsted joint reviews show the majority of EHCPs are not issued within the 20-week statutory deadline. Chase at 6 weeks, 16 weeks, and 20 weeks — always in writing with read receipts.

They will use excuses
"Need diagnosis first", "School must refer", "Need Ed Psych report" — ALL FALSE. You can apply directly. No diagnosis needed. No professional report needed to request an assessment.

They will say it's "not severe enough"
Legal test: needs can't be met through SEN Support alone. Severity is NOT the test. If school support isn't working after multiple attempts, that's your evidence.

Draft EHCPs will be weak
Vague language ("access to", "opportunities for"), no quantification, missing provision. You have 15 days to challenge the draft. Use every one of them.

💪 Your power
EHCPs are legal documents. Once issued, councils MUST provide what's in it. That's why they fight so hard not to issue them. Your job: document everything, stay calm, be relentless, appeal when needed.

⚖️ These behaviours are UNLAWFUL
If your LA does any of these, they are breaking the law:

Refusing assessment because there's no diagnosis
Insisting school must apply (you can apply directly)
Requiring Ed Psych or professional reports before assessing
Missing statutory deadlines without written notice and explanation
Offering "informal monitoring" instead of statutory assessment
Refusing to assess because "needs aren't severe enough" (legal test is whether SEN Support is sufficient, not severity)
Moving your child to a different school without consulting you and obtaining your agreement
Reducing provision in an EHCP without following the amendment process

Quote the law in writing: Children and Families Act 2014, Sections 36–42, and the SEND Code of Practice 2015.

⚠️ Child out of school or on a part-time timetable?
The LA has a duty under Section 19 of the Education Act 1996 to provide "suitable education" for children who cannot attend school due to illness, exclusion, or other reasons — including mental health and anxiety. A reduced timetable or "informal arrangement" does NOT fulfil this duty. This has been confirmed repeatedly in case law. The LA must provide full-time alternative provision while the EHCP assessment is ongoing. They cannot use a pending EHCP as a reason to delay Section 19 provision. Read our school complaints and legal duties guide →

🔵 Right to mainstream — strengthened position (2024-26)
Under Section 33 of the Children and Families Act 2014, there is a presumption in favour of mainstream education. LAs and schools must demonstrate that mainstream placement is incompatible with the efficient education of others AND that reasonable steps cannot be taken to prevent that incompatibility — before they can place a child in a special school without parental consent. If your LA is pushing for a special school placement you don't want, you can challenge this at tribunal.

How to apply (step by step)

1

Decide if you need an EHCP

You need an EHCP if:

School SEN Support has been tried multiple times and isn't working
Needs are significant and affect education, health, or social development
You need legal protection to ensure support is delivered

2

Tell school you're applying

Email the SENCO: "We're requesting an EHC needs assessment. Please provide your recent observations, SEN Support records, and assessments within 7 days."

If school refuses to help: Apply anyway. You don't need school permission. Just document that you asked and the date you asked.

3

Gather evidence (see detailed list below)

You need evidence of:

Needs across multiple settings (home, school, community)
Impact on education, health, social development
What's been tried that hasn't worked
Frequency and severity of difficulties

4

Find your LA SEN team contact

Search: "[Your LA name] EHC needs assessment request". Most LAs have an online form. If not, send recorded letter to Director of Children's Services.

Note the exact date you submit. LA must respond within 6 weeks. Screenshot or photograph your submission confirmation.

5

Submit application

Either use LA form or send letter. Include:

Child's full name, date of birth, school
Your evidence bundle
Clear explanation of why SEN Support isn't enough
What support you believe is needed

Use our application script →

6

LA decides: Assess or refuse (6 weeks)

If YES: Go to step 7. If NO or no response: See appeal process

Most common at this stage: Refusal. Don't panic. Around 95–98% of refusal appeals succeed. See the "When Refused" section.

7

Assessment period (up to 16 weeks from decision to assess)

LA gathers professional advice from: Educational Psychologist, school, health (including CAMHS), social care. You must be involved. Respond quickly to requests. Chase anything overdue.

Your right: You can submit your own evidence at any point during the assessment. Don't wait to be asked.

8

LA decides: Issue EHCP or refuse (20 weeks total)

If YES: You get a draft EHCP. If NO: Appeal process

9

Review draft EHCP — 15 days to respond

CRITICAL STAGE. Check every section for:

Vague language ("access to", "opportunities for" = RED FLAG)
Missing quantification — how much? how often? by whom?
Provision that doesn't match the needs described
Wrong or unnamed school placement
Health and social care needs missing or described but not funded

Don't accept weak provision. Change "access to TA support" to "20 hours per week 1:1 TA support from a specialist TA with autism training, delivering [named interventions], reviewed termly with progress data."

10

Final EHCP issued (20 weeks from original application)

If you're satisfied: plan is implemented. If not happy: Appeal process
The LA must name a school in Section I. If they name the wrong school, you can appeal that decision specifically.

Evidence that wins (what to gather)

Strong evidence = documented needs across multiple settings, measurable impact, and proof that school SEN Support isn't working.

The evidence rule
More evidence = harder to refuse. Aim for 10+ pieces minimum. Each need should have 3–5 specific examples with dates, frequency, and impact.

From you (parent/carer)

✅ Parent statement — detailed, specific, dated examples
✅ Incident log — dates, what happened, impact, recovery time
✅ Communication log with school — emails, meeting notes
✅ Photos/videos if relevant — meltdowns, avoidance, self-harm
✅ Impact statement — how needs affect education, sleep, family life, friendships
✅ Child's own voice — what they say about school, what's hard, what helps

From school

✅ SEN Support records — what's been tried and impact
✅ Attendance records
✅ Behaviour/incident logs
✅ Work samples showing difficulty
✅ Teacher observations across subjects
✅ Progress data against age-related expectations
✅ Any external agency involvement (OT, SALT, CAMHS referrals)

Professional reports

✅ GP letters
✅ Paediatrician reports
✅ CAMHS assessments or referral letters
✅ Private assessments if available
✅ Occupational Therapy (OT) reports
✅ Speech and Language Therapy (SALT) reports
✅ Ed Psych assessment if available

Don't have professional reports?
That's fine. Parent and school evidence is enough to trigger an assessment. The LA must commission an Educational Psychologist during the assessment if one is needed.

Impact evidence

✅ Educational: Below peers, not meeting targets, work refusal, school avoidance
✅ Social: Isolation, exclusion from activities, friendship difficulties
✅ Emotional/mental health: Anxiety, self-harm, meltdowns, shutdown
✅ Physical: Sleep disruption, appetite, physical symptoms of stress
✅ Home: Family relationships, siblings affected, parent unable to work

When refused (what to do immediately)

Refusal is normal. It is not the end.
In 2023-24, LAs conceded or lost 96% of all SEND Tribunal appeals. Refusal at first application is standard LA practice. Your response is to appeal — and you will very likely win.

1

Read the refusal letter carefully — same day

Note:

Date on letter — starts your 2-month appeal window
Their stated reasons for refusal
Contact details for the mediation service they must name

2

Contact mediation service (within 2 months of refusal)

You MUST contact the mediation service and obtain a certificate before you can appeal to the SEND Tribunal — even if you decide not to do mediation.

Should you do mediation?
Sometimes useful if the refusal is based on a misunderstanding or missing evidence. But if the refusal is policy-based ("we don't assess without a diagnosis") — that's unlawful and you should go straight to appeal with your certificate.

3

Receive mediation certificate (within a few days)

Whether you do mediation or decline, the service issues a certificate. Keep this — you need it to file your tribunal appeal.

4

Submit appeal to SEND Tribunal

Deadline: 1 month from mediation certificate date OR 2 months from refusal letter date — whichever is later.

Do not miss this deadline. No appeal = no EHCP. Set a reminder 2 weeks before the deadline.

Common refusal reasons — and how to counter them

"Needs can be met through SEN Support"
Counter: Provide evidence SEN Support has been tried multiple times and has not worked. Include progress data and incident logs.

"Not severe enough"
Counter: The legal test is not severity — it is whether SEN Support is sufficient. Show it isn't.

"Need diagnosis first"
Counter: False. Children and Families Act 2014, Section 36(8) — no diagnosis required.

More refusal reasons — and counters

"School hasn't tried enough"
Counter: Show what school has tried, and that it is not working.

"Wait until next review"
Counter: No. Your child's needs exist now. Waiting causes ongoing educational harm.

"Need Ed Psych report first"
Counter: False. The LA must commission the Ed Psych during assessment — that is their responsibility, not yours.

Appeal process (SEND Tribunal)

Appeals are FREE. You do not need a lawyer. Around 95–98% of refusal-to-assess appeals succeed. Waiting times at tribunal have increased — currently averaging 6–9 months from registration to decision. Factor this into your planning and chase your child's Section 19 provision in the meantime.

Why tribunals work
Tribunal panels are independent specialists. They are not employed by your LA. They see through standard refusal reasoning. If your evidence shows needs that SEN Support cannot meet, you will win.

1

Complete SEND35a form (refusal to assess)

Download from gov.uk or complete online at gov.uk/appeal-ehc-plan-decision. You need:

Mediation certificate
Copy of the refusal letter
Your evidence bundle
A clear statement explaining why the refusal is wrong

2

Tribunal acknowledges your appeal

You'll receive confirmation and next steps. Keep all correspondence in a dedicated folder.

3

LA responds (30 working days)

Read their response carefully. Note any factual inaccuracies, misrepresentations of your evidence, or new arguments you need to address.

4

You can submit a reply

Not required but recommended if the LA response contains errors or new arguments. Keep it factual and evidence-led.

5

Tribunal decides

Many refusal-to-assess appeals are decided on paper without a hearing. If a hearing is listed, you attend and present your case. Either way it is evidence-led — not about who argues best.

6

Decision

If you win: LA must carry out the assessment — and usually issues the EHCP because of the evidence already gathered.
If you lose: This is rare. You can request written reasons and re-apply with stronger evidence. IPSEA can advise.

      What tribunal panels want to see

      ✅ Clear, specific evidence of needs with dates and examples

      ✅ Evidence across multiple settings (school, home, community)

      ✅ Impact on education, development, and daily life

      ✅ Proof that SEN Support has been tried and isn't sufficient

      ✅ Your child's own voice — what they say needs to be in there

Free support for appeals

IPSEA — free legal advice and tribunal support
SENDIASS — your local SEND Information, Advice and Support Service
SOS!SEN — free helpline
NDTi — resources for young people and families

Annual reviews — your most important meeting

Once your child has an EHCP, it must be reviewed at least annually. This is not a tick-box exercise — it's a legal process and your opportunity to strengthen the plan.

🔵 What LAs try to do at annual reviews — and how to counter it

Reduce provision — they cannot reduce provision without following the amendment process and giving you the right to appeal
Remove the EHCP entirely — this requires evidence needs are now met by SEN Support and you have the right to appeal ceasing the plan
Delay the review — the review must happen within 12 months of the last review date, not the date of the EHCP issue
Hold a review without you — you must be invited and given at least 2 weeks notice

What to do before, during, and after:

Before the review

Re-read the current EHCP in full
Note what provision has and hasn't been delivered
Gather updated evidence — new reports, incident logs, school data
Write down what you want added, changed, or strengthened
Ask school to provide updated information in writing before the meeting
Prepare your child's views — they should be included

During the review

Ask for everything to be recorded in writing
Do not agree verbally to any changes — ask for them in the amended plan
Raise any provision that hasn't been delivered
If you disagree with proposed changes, say so clearly and ask it to be noted
You can bring a supporter — SENDIASS advisor, friend, professional

After the review — key deadlines
LA must send you an amended plan within 4 weeks of the review. You then have 15 days to respond. If they propose to cease, maintain, or amend the EHCP — each decision triggers a right of appeal to the SEND Tribunal. Do not let deadlines pass without responding.

Copy & paste scripts

Script 1: Application letter to LA

Dear [Director of Children's Services / SEN Team],

I am writing to request an Education, Health and Care needs assessment for my child [Name, Date of Birth, School].

My child has significant special educational needs that cannot be met through SEN Support alone. Despite receiving SEN Support, my child is not making expected progress and their needs are having a significant impact on their education, health and development.

Key needs and impact:
• [Need 1]: [Specific examples with dates and frequency]
• [Need 2]: [Specific examples with dates and frequency]
• [Need 3]: [Specific examples with dates and frequency]

What has been tried through SEN Support (and has not worked):
• [Intervention 1]: Tried from [date] to [date]. Impact: [describe]
• [Intervention 2]: Tried from [date] to [date]. Impact: [describe]

I am attaching:
• Parent statement
• School SEN Support records
• [Other evidence]

Under Section 36(8) of the Children and Families Act 2014, I am formally requesting that you secure an EHC needs assessment.

Please confirm in writing within 6 weeks whether you will carry out the assessment, as required by Section 36(9) of the Children and Families Act 2014.

Yours sincerely,
[Your name]
[Contact details]
[Date sent]

Script 2: Chase after 6 weeks with no response

Dear [Name],

I am following up on my EHC needs assessment request submitted on [date] — now [X] weeks ago.

Under Section 36(9) of the Children and Families Act 2014, you are required to notify me of your decision within 6 weeks of receiving my request.

You have missed this statutory deadline.

Please confirm your decision in writing within 48 hours. If I do not receive a response I will submit a formal complaint to the Director of Children's Services and consider referring to the Local Government and Social Care Ombudsman.

Yours sincerely,
[Your name]
[Date]

Script 3: Challenging a weak draft EHCP

Dear [Name],

Thank you for the draft EHCP dated [date]. I am responding within the 15-day consultation period and request the following amendments:

Section B (Needs):
CURRENT: [Quote vague statement]
REQUESTED: [Specific, measurable description of need with frequency and impact]

Section F (Provision):
CURRENT: "Access to TA support"
REQUESTED: "20 hours per week 1:1 TA support from a specialist TA with [relevant] training, delivering [named interventions], reviewed termly with written progress data shared with parents"

Section I (Placement):
REQUESTED: [Named school and why this school can meet needs]

I also note that the following needs identified in the assessment reports have not been reflected in Section B or Section F:
• [Need from report not included]

Please confirm these amendments will be made to the final EHCP, or provide written reasons if you decline any requested change.

Yours sincerely,
[Your name]
[Date]

Script 4: Requesting provision under Section 19 (child out of school)

Dear [Director of Children's Services],

My child [name, DOB] has been unable to attend school since [date] due to [reason — anxiety, mental health, medical need etc].

Under Section 19 of the Education Act 1996, you have a duty to provide suitable full-time education for children of compulsory school age who cannot attend school due to illness or other reasons.

A part-time timetable or informal arrangement does not fulfil this duty. I am formally requesting that you arrange full-time alternative provision immediately.

This duty exists independently of any EHCP assessment. You cannot delay provision while the EHCP process is ongoing.

Please confirm in writing within 7 days what provision you will put in place and when it will start.

Yours sincerely,
[Your name]
[Date]

Frequently asked questions

Do I need a diagnosis to apply for an EHCP?

No. The Children and Families Act 2014 does not require a diagnosis. You need evidence of needs and that SEN Support isn't working. The LA may tell you otherwise — they are wrong, and that position is unlawful.

Can I apply without the school's involvement?

Yes. You can apply directly to the LA. It is easier with school cooperation, but you do not need their permission or their support to make the request.

What if the LA misses the 6-week deadline?

Chase immediately in writing. State the date you applied and that they have breached the statutory deadline under Section 36(9) of the Children and Families Act 2014. If no response within 48 hours, submit a formal complaint to the Director of Children's Services.

What is Section F and why does it matter?

Section F lists the provision your child will receive — who delivers it, what it is, how often, and by whom. This section is legally binding. Vague language like "access to TA support" is effectively unenforceable. Demand specific, quantified provision.

What if my child is on a reduced timetable?

A reduced timetable is not lawful as a long-term arrangement. The LA has a duty under Section 19 of the Education Act 1996 to provide full-time suitable education. Use Script 4 above to request this immediately.

Can the LA remove an EHCP at annual review?

Yes, but only if they can demonstrate needs are now being fully met through SEN Support. You have the right to appeal the decision to cease an EHCP. This is called a "cease to maintain" decision and triggers the same appeal rights as any other EHCP decision.

What happens when my child moves to secondary school?

The EHCP continues and must be reviewed in Year 5 (transition review) and at every annual review. The LA must name a secondary school in Section I. You have the right to request a specific school including independent special schools in some circumstances. The EHCP transfers automatically — the provision does not restart.

Key legislation & resources

Legislation

Free support