🗺️ The EHCP Journey
Every step of the Education, Health and Care Plan process — from first concerns to final plan, tribunal, and annual review. Click any stage for what to do, statutory deadlines, and relevant guides.
First concerns
Before Day 1You 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.
- Keep a diary of concerns, with dates
- Ask for a SEN Support meeting with the SENCO
- Read First 100 Days After Diagnosis
Request needs assessment
Day 1Write to Kent County Council formally requesting an EHC needs assessment under Section 36 of the Children and Families Act 2014. Anyone can request — parent, school, or young person aged 16+.
- Use our Letter Generator or free template
- Submit through KCC's current online EHC needs assessment request and save the confirmation
- Copy in your school SENCO
- Start your EHCP Timeline Tracker
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.
- You may have a right to appeal to the SEND Tribunal; check the decision letter, mediation rule and deadline
- First try mediation (free, often resolves it)
- Read Appeals Guide
Assessment gathers evidence
Weeks 6–14If 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.
- Submit your own evidence — diary, reports, photos of behaviour
- Consider a private EP report (£800-£2,000) — see EP cost guide
- Push KCC if the EP slot is delayed — chase in writing weekly
- Find providers: SALT, OT, EdPsych
Draft EHCP
Week 16KCC issues a draft plan. You have 15 days to comment, request changes, and name a school preference.
- Work through our EHCP Checklist line by line
- Watch for vague Section F: "access to", "as required", "regular" — 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
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 — they must provide what it says.
- Read the final plan carefully — changes may have crept in
- Check which parts carry a right of appeal and note the usual deadline: 2 months from the decision letter or 1 month from the mediation certificate, whichever is later
- Share with school; ensure implementation starts
- If happy with it, skip to Stage 8 (Annual Review)
Appeal to SEND Tribunal
Check the appeal deadlineIf you disagree with appealable parts of the final plan, you may appeal to the SEND Tribunal. HMCTS reported that 99% of 2024/25 decided SEN appeals favoured the appellant on the majority of issues, but decided cases were 71% of recorded outcomes and the figure does not predict your case.
- Check the mediation rule: most appeals need a certificate even if you decline mediation, but a placement-only Section I appeal is exempt
- Submit SEND35 form online — can self-represent
- Read Tribunal Guide
- Consider IPSEA free legal advice (0300 222 5899)
- Only consider paid solicitor for complex placement disputes — see solicitors directory
Annual review
Every 12 monthsEHCPs must be formally reviewed every 12 months. The review can maintain, amend, or cease the plan. This is your chance to request more — therapy hours, additional TA support, different setting.
- 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 — 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.