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 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 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

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

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 each special educational need in Section B matched with specific provision? The local authority must secure provision specified in Section F. Omission can make that provision harder to enforce through the plan, although other statutory duties may still apply.
• 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

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.

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.