How to Apply for an EHCP in Kent — A Parent's Step-by-Step Guide (2026)

Do You Need an EHCP? — Starting Points

These situations may be reasons to consider an EHC needs assessment; they are not a checklist of legal eligibility conditions. Under section 36(8), KCC must assess where your child has or may have SEN and it may be necessary for special educational provision to be made through an EHC plan. A fixed number of failed SEN Support cycles is not required. Examples of concerns include:

• Is not making expected progress despite SEN support (SEN Support, formerly School Action Plus)
• Has complex needs requiring specialist provision, therapies, or a specialist school
• Has been excluded or is at risk of exclusion due to SEND needs
• Is approaching a transition (primary to secondary, secondary to further education) and current support is insufficient
• Has significant needs in education, health, and care that require a coordinated plan

You do not need a formal autism diagnosis to request an EHC needs assessment. A relevant report may help describe needs, but the assessment and plan decisions apply separate statutory tests; a label does not decide either outcome.

Step 1 — Request an EHC Needs Assessment

Under section 36(1), an assessment request can be made by the child’s parent, the young person or someone acting on behalf of a school or post-16 institution. A parent does not need the school’s permission. Other people, including health and social-care professionals, can bring needs to the local authority’s attention; that is distinct from the listed statutory requesters. Ask for advice about who holds the rights after compulsory school age or where decision-making capacity is in question.

Who to write to in Kent

Use KCC’s current EHC needs assessment request instructions. Keep the request, attachments and receipt confirmation. Ask IASK or KCC about an accessible alternative if the online route is unsuitable. Include:

• Child's full name, date of birth, and school
• A brief description of needs and why current support is insufficient
• Any existing reports, assessments, or diagnoses you have
• Your contact details

Step 2 — The 6-Week Decision

Kent County Council has 6 weeks from receiving your request to decide whether to carry out an EHC needs assessment. They must notify you of their decision in writing.

If they agree to assess: The assessment phase begins. They will gather information from education, health, and social care professionals.

If they refuse: They must give reasons and explain the appeal right. Except where an appeal is only about the setting in Section I, contact the mediation adviser and obtain a certificate before registering an appeal; choosing to attend mediation is optional. Kent's current provider is Global Mediation via KCC's mediation page. The appeal deadline is the later of 2 months from the decision letter or 1 month from the mediation certificate.

Step 3 — The Assessment Process

During the assessment, Kent CC must seek the required advice and information, including from:

• Education setting — educational advice and information from the headteacher or principal, where applicable
• Educational psychologist — usually carried out by Kent's own EP service or commissioned privately
• Health professionals — paediatrician, CAMHS, speech and language therapist, occupational therapist (as relevant)
• Social care — advice and information about social-care needs, provision and outcomes, including where your child is not already known to the service
• You, as parents — your views are a legal requirement, not optional
• Your child — their views must be sought at every stage (even very young children in an age-appropriate way)

What evidence to gather during assessment

Do not wait for Kent to gather all evidence. Proactively send:

• Diagnosis letters and reports
• Private assessments (EP, OT, SALT) if you have them
• School reports, IEPs/SEN support plans
• A detailed parent statement (your views on your child's needs — write this carefully, it is read by the EHCP writer)
• Your child's own views — even written with support

The minimum advice requirements are set out in SEND Regulation 6. Social-care advice is distinct from a separate full social-care assessment. Existing advice can be used where the legal conditions are met, including agreement that it is sufficient from KCC, the advice provider and you. See IPSEA’s assessment guidance.

Professionals asked for advice normally have a six-week response period, subject to limited exceptions, while the overall process to a final plan is normally 20 weeks. Track the dates in the decision letter and current statutory timetable.

Step 4 — The Draft EHCP

If KCC decides an EHCP is necessary after assessment, it must first send you a draft. You must have at least 15 days to make representations, request a school or institution, and ask for a meeting. There is no separate fixed statutory deadline for the draft, but the final plan is normally due within 20 weeks of the original assessment request. If KCC decides not to issue a plan, it must normally notify you by week 16 and explain the appeal right. Statutory exceptions can affect the timetable. See Regulation 10, Regulation 13 and IPSEA’s draft-plan guidance.

How to review the draft EHCP

This is the most important step. Use the Golden EHCP Checklist to check every section. Key things to look for:

• Section B — Needs: Does it clearly describe all your child’s special educational needs and how they affect learning? The type, frequency and amount of support belong in Section F.
• Section F — Provision: Is every special educational need in Section B matched with detailed, specific provision, normally quantified by type, frequency and amount? KCC must secure the provision specified in Section F, subject to the statutory exceptions. Other legal duties may apply even where provision is missing from the plan.
• Section I — Setting: The initial draft must not name a school or type of setting. Use your response to request the school or institution you want KCC to consider.

Step 5 — The Final EHCP

Subject to the statutory exceptions, Kent must issue the final EHCP within 20 weeks of the original assessment request. The duties attached to the final plan apply when it is issued, including the local authority's duty to secure Section F provision.

If you disagree with appealable parts of the final plan — including Sections B, F or I — the Tribunal must receive an appeal by the later of 2 months from the date of the decision letter or 1 month from the mediation certificate. A placement-only Section I appeal does not require mediation advice or a certificate; most other education appeals do.

Kent-Specific Tips and Contacts

IASK Kent — Your Free Advisor

IASK (Information, Advice and Support Kent) is the free, impartial SEND service funded by Kent County Council but independent from it. They will help you at every stage — from wording your request letter to preparing for tribunal.

• Phone: 03000 41 3000
• Website: iask.org.uk
• Email: Available via their website

Common Kent EHCP pitfalls

• Delays: The 20-week deadline is not always met. Log every date and, if deadlines are missed, write to chase and contact IASK for advice.
• Vague plans: Kent (like all LAs) sometimes produces EHCPs with non-specific provision. Use the EHCP checklist to identify and challenge vague language.
• School placements: Mainstream vs specialist school decisions are often contested. Get this right at draft stage — changing after the final plan requires a fresh appeal or review.
• Annual reviews: Once issued, the EHCP must be reviewed at least annually. If needs or circumstances materially change, you can ask the local authority for an early review; “emergency review” is not a separate statutory category and requesting an early review does not itself create a new fixed deadline.

What If You Disagree with a Decision?

Parents have strong legal rights at every stage. If an assessment is refused, the plan doesn't reflect your child's needs, or an inappropriate school is named, you can:

1. Contact the mediation adviser — for most education appeals you must obtain a mediation certificate, but attending mediation is optional; the placement-only Section I exception applies
2. Appeal to the SEND Tribunal where a right exists — there is no tribunal fee. HMCTS 2024/25 recorded 99% of decided SEN appeals in favour of the appellant on the majority of issues; decided cases were 71% of recorded outcomes. This is not a complete-win rate or a prediction.
3. Complaint to Kent County Council — if statutory timeframes are missed
4. Complaint to the Local Government & Social Care Ombudsman — for persistent failures

Get legal advice before appealing. EHCP solicitors in Kent can provide paid-for representation. Free support comes from IPSEA, IASK, and SOS!SEN.

Useful Contacts for EHCP in Kent

Frequently Asked Questions

How long does an EHCP take in Kent?

The normal statutory limit is 20 weeks from the assessment request to a final plan, subject to specified exceptions. Track every date and follow up in writing if a deadline appears to slip. Contact IASK or IPSEA for individual advice.

Does my child need a diagnosis to get an EHCP?

No. The statutory tests concern special educational needs and provision, not a diagnosis label. A relevant professional report can help describe needs and provision, but a diagnosis is neither required nor a guarantee of a particular decision.

Can I request a specific school in the EHCP?

You can request a school or institution. For the types listed in section 38(3) of the Children and Families Act 2014 — including maintained schools, academies and approved section 41 institutions — the local authority must generally name the preference unless one of the section 39 exceptions applies: unsuitability for the child's age, ability, aptitude or SEN; incompatibility with the efficient education of others; or incompatibility with the efficient use of resources. A different test applies to an independent setting that is not section 41 approved, so obtain advice on the evidence and funding position.

What if the school says they don't need an EHCP for my child?

Schools may not always support an EHCP request — this can be for a variety of reasons. You have the right to request an assessment directly without the school's support. IPSEA or IASK can help if you're being pushed back.

What is the EHCP annual review?

Once issued, an EHCP must be reviewed at least every 12 months. After the review, the local authority must decide whether to maintain, amend or cease the plan and notify the parent or young person. An appeal right depends on the decision then made; check the notice, mediation requirements and deadline.