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

Do You Need an EHCP? — Starting Points

You should consider requesting an EHCP in Kent if your child:

• 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 EHCP in Kent. A diagnosis strengthens the evidence but is not a legal requirement.

Step 1 — Request an EHC Needs Assessment

The EHCP process in Kent starts with a request for an EHC needs assessment. This can be made by:

• You (the parent or carer) — you do not need the school's permission
• The school or setting
• A health or social care professional
• The young person themselves (if aged 16+)

Who to write to in Kent

Send your request letter to Kent County Council SEND Assessment & Review Service. You can submit via the Kent Local Offer portal at kent.gov.uk, by post to County Hall in Maidstone, or via email through the SEND team. 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. You have the right to appeal to the SEND Tribunal. Before appealing, contact IASK Kent (03000 412 412) or IPSEA (0800 018 4016) for advice. Mediation must be offered before tribunal — but it is not compulsory.

Step 3 — The Assessment Process

During the assessment, Kent CC will gather reports from:

• 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 — if your child has social care involvement
• 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 assessment phase should take no more than 6 weeks.

Step 4 — The Draft EHCP

After assessment, Kent will produce a draft EHCP. They must send this to you within 16 weeks of the original assessment request. You then have 15 days to comment on the draft.

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 describe all your child's needs specifically? Vague language like "requires support with communication" is not good enough. It should name the type and frequency of support.
• Section F — Provision: Is every need in Section B addressed in Section F? Section F is legally binding. Any provision listed here must happen. Any provision omitted does not have to be provided.
• Section I — School: Is the named school appropriate? If you want a different school, this is the time to say so in writing.

Step 5 — The Final EHCP

Kent must issue the final EHCP within 20 weeks of the original assessment request. The final plan names a school and outlines all provision. It is legally enforceable from the date it is issued.

If you disagree with the final plan — the needs described, the provision, or the school named — you have 2 months to appeal to the SEND Tribunal.

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 412 412
• 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 annually. If your child's needs change, request an emergency review — do not wait for the annual date.

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. Request Mediation — free, must be offered before tribunal, sometimes resolves issues quickly
2. Appeal to SEND Tribunal — free to use, highly effective. 99% of cases decided at hearing are found in favour of the family (MOJ 2024/25), and many more are conceded by the LA before hearing
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?

Legally, 20 weeks from assessment request to final plan. In practice, the 20-week deadline is not always met. Track every date and follow up in writing if deadlines slip. Contact IASK if statutory timeframes are not being met.

Does my child need a diagnosis to get an EHCP?

No. EHCPs are based on needs, not diagnosis labels. However, having a diagnosis (or a professional report describing needs) strengthens your evidence base considerably.

Can I request a specific school in the EHCP?

Yes. You can request a maintained mainstream school, a maintained special school, an academy, or an independent special school. Kent must comply with your preference unless the school is unsuitable for your child, it would harm other children's education, or it is not an efficient use of resources. You will need to make a strong case for an independent school, as local authorities generally prefer maintained alternatives and may challenge independent school placements on cost grounds.

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 formally reviewed every 12 months. The review can maintain, amend, or cease the plan. You have the right to request changes at annual review. If you disagree with the outcome, you can appeal. Do not miss annual reviews — they are your main opportunity to update provision as your child's needs change.