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⚠️ Information only β€” not legal advice. For complex cases, consult IPSEA (free): 0800 018 4016.

πŸ—ΊοΈ The EHCP Journey

Every step of the Education, Health and Care Plan process β€” from first concerns to final plan, tribunal, and annual review. Click any stage for what to do, statutory deadlines, and relevant guides.

20 weeks
Statutory maximum from request to final plan
99%
Parents who win at SEND Tribunal hearing (MOJ 2024/25)
Β£0
Cost to apply or appeal β€” IPSEA and IASK give free legal advice
1

First concerns

Before Day 1

You or the school notice your child needs more than standard SEN Support. Common triggers: failing to progress despite school support, escalating behaviour, school refusal, complex medical needs, diagnosis of autism/ADHD.

What to do:
2

Request needs assessment

Day 1

Write to Kent County Council formally requesting an EHC needs assessment under Section 36 of the Children and Families Act 2014. Anyone can request β€” parent, school, or young person aged 16+.

What to do:
3

LA decides whether to assess

Week 6 (max)

KCC has 6 weeks to decide whether to proceed with a formal assessment. They will write to you with yes or no.

If they refuse:
  • You have a right to appeal to SEND Tribunal (99% of parents win at hearing)
  • First try mediation (free, often resolves it)
  • Read Appeals Guide
4

Assessment gathers evidence

Weeks 6–14

If KCC agrees, they gather evidence from: school, educational psychologist (often the bottleneck), health (paediatrician, SALT, OT), social care, and you. You can submit reports from private professionals too.

What to do:
  • Submit your own evidence β€” diary, reports, photos of behaviour
  • Consider a private EP report (Β£800-Β£2,000) β€” see EP cost guide
  • Push KCC if the EP slot is delayed β€” chase in writing weekly
  • Find providers: SALT, OT, EdPsych
5

Draft EHCP

Week 16

KCC issues a draft plan. You have 15 days to comment, request changes, and name a school preference.

What to do (crucial step):
  • Work through our EHCP Checklist line by line
  • Watch for vague Section F: "access to", "as required", "regular" β€” all unenforceable
  • Check Section B describes ALL your child's needs (not just academic)
  • Name your school preference in writing
  • Request a "working document" meeting if provision is weak
6

Final EHCP

Week 20 (max)

KCC issues the final plan. Section F is legally binding under Section 42 of the Children and Families Act 2014 β€” they must provide what it says.

What to do:
  • Read the final plan carefully β€” changes may have crept in
  • Note the 2-month deadline to appeal any part you disagree with
  • Share with school; ensure implementation starts
  • If happy with it, skip to Stage 8 (Annual Review)
7

Appeal to SEND Tribunal

Within 2 months (optional)

If any part of the final plan is inadequate β€” Section B too vague, Section F unenforceable, Section I names the wrong school β€” you can appeal to SENDIST. 99% of parents who go to hearing win (MOJ 2024/25).

What to do:
  • Get a mediation certificate first (free, no obligation to mediate)
  • Submit SEND35 form online β€” can self-represent
  • Read Tribunal Guide
  • Consider IPSEA free legal advice (0800 018 4016)
  • Only consider paid solicitor for complex placement disputes β€” see solicitors directory
8

Annual review

Every 12 months

EHCPs must be formally reviewed every 12 months. The review can maintain, amend, or cease the plan. This is your chance to request more β€” therapy hours, additional TA support, different setting.

What to do:
  • Prepare a written submission of your views 2-3 weeks before
  • Include any new evidence (fresh reports, diary, school data)
  • If KCC proposes to reduce or cease β€” challenge in writing, appeal if needed
  • Read Annual Review Guide

Where are you on this journey?

Use our free tools to track deadlines, generate letters, and keep KCC accountable.

πŸ“… EHCP Timeline Tracker βœ‰οΈ Letter Generator πŸ“‹ EHCP Checklist