⚠️ Information only — not legal advice. For complex cases, consult IPSEA (free): 0300 222 5899.

🗺️ The EHCP Journey

The main stages of the education, health and care (EHC) plan process in England — from first concerns to final plan, tribunal, and annual review. Click any stage for what to do, statutory deadlines, and relevant guides.

20 weeks
Usual limit from LA receipt to final plan, with statutory exceptions
71%
Share of recorded 2024/25 SEN appeal outcomes decided by the tribunal; 99% of those favoured the appellant on the majority of issues (HMCTS)
£0
No fee to request assessment or lodge an appeal. Reports, travel or paid representation can cost money.

Rights corrections — 8 September 2026: Corrected the assessment, draft and review stages, Section F wording and the matching structured data. Sources include the SEND Regulations and IPSEA’s assessment and draft guidance. This is a targeted editorial source check, not qualified legal sign-off. How SENDPath checks information.

1

First concerns

Before Day 1

You or the school may identify special educational needs and support that is missing or not working. The assessment test is whether the child has or may have SEN and whether special educational provision through an EHC plan may be necessary. A diagnosis or fixed number of failed support cycles is not required.

What to do:
2

Request needs assessment

Day 1

An EHC needs assessment can be requested under section 36 by a child’s parent, a young person over compulsory school age but under 25, or a person acting on behalf of a school or post-16 institution. Other people can bring possible SEN to KCC’s attention. Check IPSEA’s request guidance.

What to do:
3

LA decides whether to assess

Normally by week 6

KCC must normally notify you within 6 weeks whether it will assess. Applicable statutory exceptions can affect the timetable; ask for the decision and reasons in writing.

If they refuse:
  • You may have a right to appeal to the SEND Tribunal; check the decision letter, mediation rule and deadline
  • Check the mediation-certificate requirement; attending mediation is optional. Protect the appeal deadline.
  • Read Appeals Guide
4

Assessment gathers evidence

After an agreement to assess

If KCC agrees, they gather evidence from: the relevant education, health, educational psychology and social care advice, and your and your child’s views. The required advice depends on the SEND Regulations; existing sufficient advice may be used where the legal conditions are met. You can submit reports from private professionals too.

What to do:
  • Submit your own evidence — relevant observations, existing reports and your child’s views. Do not routinely record distress or share sensitive images
  • Use existing reports and free advice first. Consider paid EP input only for a specific evidence gap — see EP cost guide
  • Ask KCC which advice is outstanding, its expected date and whether a statutory exception applies
  • Find providers: SALT, OT, EdPsych
5

Draft EHCP

No fixed draft date

A refusal to issue a plan must normally be notified by week 16. If KCC decides to issue, it sends an initial draft without a school or type in Section I. You must have at least 15 days for representations, a setting request and a meeting request. There is no fixed statutory draft date; the final-plan limit is normally 20 weeks. See Regulation 10 and Regulation 13.

What to do (crucial step):
  • Work through our EHCP Checklist line by line
  • Ask for clear, detailed and normally quantified Section F provision. Phrases such as “as required” may need criteria or more detail; they are not automatically unenforceable.
  • Check Section B describes all identified special educational needs, including communication, sensory and other needs that affect education
  • Name your school preference in writing
  • Request a meeting with a KCC officer to discuss the initial draft. A Tribunal Working Document is a separate appeal process.
6

Final EHCP

Normally by week 20

If KCC decides a plan is necessary, the final plan must normally be issued within 20 weeks, subject to statutory exceptions. Under section 42, KCC must secure Section F provision and the responsible commissioning body must arrange Section G health provision, subject to the relevant statutory exceptions.

What to do:
  • 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)
7

Appeal to SEND Tribunal

Check the appeal deadline

If 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.

What to do:
8

Annual review

Every 12 months

The first review must be completed within 12 months of the plan being made, and later reviews within 12 months of the previous review. KCC’s decision completes the review process; the meeting does not itself change the plan. Use the review to propose evidence-based changes to needs, provision or placement.

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 — 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.

📅 EHCP Timeline Tracker ✉️ Letter Generator 📋 EHCP Checklist