⚠️ Not legal advice. This guide is for information only. Contact IASK Kent or IPSEA for case-specific support. Disclaimer

The Complete EHCP Guide for Parents in Kent (2026)

Written by a Kent SEND parent. Last updated: March 2026. This guide covers everything: what an EHCP is, how to get one, what it should contain, and what to do when Kent gets it wrong.

📍 The EHCP Journey:
0. Overview (this guide) 1. Apply 2. Check 3. Review 4. Appeal
⚡ The short version: An EHCP is a legally binding plan that specifies exactly what support your child must receive. It covers education, health, and social care. Once issued, the school and local authority must deliver what it says — not "try to" or "aim to." If they don't, you can complain to the Local Government Ombudsman or appeal to the SEND Tribunal. Understanding your rights is the most powerful thing you can do for your child.

1. What Is an EHCP?

An Education, Health and Care Plan (EHCP) is a legal document produced by your local authority (in Kent, that's Kent County Council — KCC). It describes:

EHCPs were introduced in September 2014 by the Children and Families Act 2014, replacing the old system of Statements of Special Educational Needs. The key word is legal. Unlike SEN Support, what is written in an EHCP must be provided. Full stop.

EHCPs can be held from birth to age 25, covering nursery, primary, secondary, sixth form, and college. They don't expire automatically — they are reviewed every year and cease when the young person no longer needs them, or when they turn 25.

📋 Free EHCP Request Letter Template

Download our parent-friendly letter template to request an EHC needs assessment from Kent County Council. Free, no email sign-up required.

Get the free template →

2. SEN Support vs EHCP: What's the Difference?

Schools have two ways to support children with additional needs:

SEN Support EHCP
Legal status Not legally binding Legally binding document
Who provides it School, from its own budget Local authority funds extra provision
What it specifies Flexible — school has discretion Must be specific and measurable
Right of appeal No independent tribunal right Full right of appeal to SEND Tribunal
School choice Cannot name a specific school Names specific school or type of school
Covers Education only Education, health, and social care

If your child's needs are not being met by SEN Support, or if their needs are complex and require specialist provision, it's time to request an EHCP assessment.

3. Who Qualifies for an EHCP?

Any child or young person aged 0–25 may be eligible if they:

There is no list of qualifying diagnoses. Common reasons for EHCP applications include autism, ADHD, dyslexia, cerebral palsy, hearing or visual impairment, speech and language difficulties, and mental health needs — but any SEND that requires additional provision can qualify.

⚠️ Don't wait for a diagnosis: You do not need a formal diagnosis to request an EHCP assessment. If your child is struggling and not getting adequate support, you can request an assessment now. A diagnosis can support your case but is not a prerequisite.

Kent County Council must agree to assess your child if it is necessary — meaning there's a reasonable possibility an EHCP would be needed. The threshold to trigger an assessment is lower than many parents realise. If in doubt, apply.

4. The 13 Sections of an EHCP Explained

An EHCP is divided into 13 sections (A–N). Understanding each section helps you spot what's missing or weak in your child's plan.

Section A — Child's voice

Your child's own views, wishes, interests, and aspirations. Written in their words (or in a way that reflects their voice). Often the most neglected section — push for it to be personal and specific.

Section B — Special educational needs

A detailed description of all your child's special educational needs. This is the engine of the plan. Vague language here — "difficulties with attention" instead of "requires visual prompts and chunked tasks" — leads to weak provision.

Section C — Health needs related to SEN

Health needs that relate to or impact on the child's SEN — such as sensory processing difficulties, fatigue, anxiety, or epilepsy. Note: not all health needs appear here, only those related to SEN.

Section D — Social care needs related to SEN

Social care needs related to SEN, including under the Care Act 2014. Many EHCPs in Kent are weak on this section — check whether your child has a social care assessment and include the results if so.

Section E — Outcomes

Long-term outcomes for your child — what they should achieve and by when. These should be specific, measurable, and ambitious. Weak outcomes lead to weak annual reviews. Push for outcomes like "By Year 8, [child] will be able to..." not generic aspirations.

Section F — Special educational provision

The most important section. Specifies exactly what support must be provided: hours of 1:1 support, type and frequency of therapy, specialist equipment, adapted curriculum. Every item must be specific and quantified — "regular speech therapy" is not good enough. "45 minutes of SLT per week delivered by a qualified speech and language therapist" is.

Section G — Health provision

Health provision reasonably required by the learning difficulties or disabilities — such as physiotherapy, OT, or CAMHS input. Must be specific and agreed with the relevant health commissioners.

Section H — Social care provision

Social care provision required for SEN, plus any provided under Section 2 of the Chronically Sick and Disabled Persons Act 1970. Often sparse in Kent EHCPs — worth checking against your child's social care assessment if they have one.

Section I — School or setting

The school name goes here. This section is legally significant — you have the right to request a specific school. If KCC disagrees, they must demonstrate that your preferred school is inappropriate, incompatible with other children's efficient education, or an inefficient use of resources. This is the section most parents fight over.

Section J — Personal budget (if applicable)

Information about a direct payment or personal budget for education provision. Not common in mainstream plans, but can be requested.

Section K — Appendices

Assessment reports used to inform the plan — EP reports, OT assessments, SLT reports, CAMHS letters. These are attached but not legally binding. The binding parts are Sections B, F, and I.

💡 Key rule: The most legally significant sections are B, F, and I. If these are vague, the plan is weak. When you receive a draft EHCP, use our EHCP checklist to review every line of Sections B, F, and I before you sign off.

5. How to Get an EHCP in Kent

The process starts with a request for an EHC needs assessment. Here's who can make this request:

Step 1: Write to Kent County Council

Send a letter or email to Kent SEND Assessment and Review Service (STARS) requesting an EHC needs assessment. Your request should include:

Use our free request letter template — it's structured to cover all the right points.

Send to: Kent SEND Team, KCC, Invicta House, County Hall, Maidstone, ME14 1XX. Or email: kentsenteam@kent.gov.uk. Always send by recorded delivery or email so you have proof of the date.

Step 2: KCC Decides Whether to Assess (6 weeks)

KCC has 6 weeks from receiving your request to tell you whether they will carry out an assessment. They must assess unless they can demonstrate it is not necessary. If they refuse, they must tell you why — and you have the right to appeal that decision to the SEND Tribunal.

⚠️ If KCC doesn't respond in 6 weeks: Write immediately referencing the statutory deadline. If still no response, contact IASK Kent — they can escalate on your behalf.

Step 3: The Assessment (12 weeks)

If KCC agrees to assess, they must gather evidence from:

You have a legal right to submit your own evidence — don't wait to be asked. Send any private assessments, reports from tutors, letters from specialists, and your own written observations about your child's needs.

Step 4: Decision to Issue (2 weeks)

After the assessment is complete, KCC must tell you whether they intend to issue an EHCP. You have 15 calendar days to respond if they say they will not.

Step 5: Draft EHCP (2 weeks)

If KCC decides to issue an EHCP, they must send you a draft. You have 15 calendar days to review and comment on it. Use this time carefully — this is your primary opportunity to push for stronger provision and accurate language.

Step 6: Final EHCP (20 weeks total)

KCC issues the final EHCP. From this point, the named school must begin delivering the provision. If you disagree with anything in the final plan — needs, provision, or school — you can appeal to the SEND Tribunal within 2 months.

For a fuller step-by-step breakdown with Kent-specific details and common pitfalls, see our EHCP application guide.

6. EHCP Timeline: 20 Weeks and What Happens

Week 0
Request submitted — Start the clock. Keep your proof of posting/email confirmation.
Week 6
KCC decision to assess — Must tell you yes or no. If no, you can appeal.
Weeks 6–18
Assessment takes place — Evidence gathered from school, EP, health, social care, you, and your child.
Week 16
Decision to issue — KCC must notify you whether they'll produce an EHCP.
Week 18
Draft EHCP sent — You have 15 calendar days to comment.
Week 20
Final EHCP issued — Legally binding from this date. School named must deliver provision.

7. What a Good EHCP Looks Like

A strong EHCP is specific, measurable, and leaves no room for ambiguity about what must be provided. Here's what to look for:

In Section B (Needs)

In Section F (Provision)

In Section I (School)

⚠️ Red flags in an EHCP:

Use our detailed EHCP checklist to work through your child's plan section by section.

8. Choosing a School on the EHCP

When you receive a draft EHCP, you have the right to request a specific school or type of school in Section I. Your options are:

Your right to name a school

You can request your preferred school be named in Section I. Kent County Council must agree unless they can demonstrate that:

  1. The school is unsuitable for your child's age, ability, aptitude, or SEN, or
  2. Placing your child there would be incompatible with the efficient education of others, or
  3. It would be an inefficient use of resources

This is a high bar. "We don't have a place" is not sufficient. If KCC refuses your preferred school without meeting this test, appeal to the SEND Tribunal — the odds are strongly in your favour.

💡 Kent tip: Visit your preferred school before naming it — and get the school to confirm in writing that they can meet the provision in Section F. This makes it much harder for KCC to argue the placement is unsuitable.

For a guide to Kent's SEND schools, see our SEND schools in Kent guide.

9. Annual Reviews

Every EHCP must be reviewed at least once every 12 months. The annual review is your main opportunity to:

The school organises the annual review meeting. After the meeting, the school submits a report to KCC within 10 working days. KCC then has 4 weeks to decide whether to amend the EHCP.

Don't show up empty-handed. Put your observations and requests in writing before the meeting. Evidence of provision not being delivered (emails, logs, missed appointments) is especially powerful.

For a full guide to annual reviews — including your rights if provision is reduced — see our EHCP annual review guide.

10. If Things Go Wrong

KCC refuses to assess

You have the right to appeal to the SEND Tribunal. You must first go through mediation (or get a certificate confirming you don't want to). IPSEA's success rate data shows the majority of families who appeal win.

KCC refuses to issue an EHCP after assessing

Same as above — appeal to the SEND Tribunal.

You disagree with what's in the final EHCP

You have 2 months from the date of the final EHCP to appeal. You can appeal on: the description of needs (Section B), the provision (Section F), the school named (Section I), or the decision to cease an EHCP. You can also appeal at any of these sections at once.

The school isn't delivering what the EHCP says

This is a legal breach. Write to the headteacher and SENCo setting out exactly what's not being delivered and referencing the EHCP. If no action, write to KCC — they have a legal duty to ensure the provision is delivered. If still no action, complain to the Local Government and Social Care Ombudsman.

KCC is taking too long

Write formally, citing the specific statutory deadline they've missed. Keep copies of everything. If they continue to miss deadlines, the LGO can investigate and order compensation.

📋 Need to appeal or challenge KCC?

Our EHCP appeal guide for Kent parents walks you through the SEND Tribunal process step by step — including how to write a grounds of appeal and what to expect on the day.

Read the appeal guide →

11. Kent-Specific Contacts

IASK Kent — Information, Advice and Support Kent

Free, independent, and confidential advice for families of children with SEND in Kent. Funded by KCC but operationally independent. Can attend meetings with you, help draft letters, and support appeals. Call: 03000 41 3000

IPSEA — Independent Provider of Special Education Advice

Free, legally based advice on all aspects of the SEND system. Helpline is busy — be persistent. Also provides tribunal support and training. Advice line: 0800 018 4016

SOS!SEN

Free independent advice and tribunal support. Saturday advice line available. Helpline: 020 3375 7020

Kent County Council SEND

KCC's SEND team handles EHCP assessments, annual reviews, and placement decisions. STARS (SEND Assessment and Review Service) is the team you deal with directly. Email: kentsenteam@kent.gov.uk

KELSI — Kent Education Links and Schools Information

KCC's education portal for schools — contains Kent-specific SEND guidance, annual review forms, and EHCP documentation templates. Useful for checking what schools are required to do.

SEND Tribunal (SENDIST)

The tribunal that hears appeals against local authority decisions on EHCPs. Free to apply. Most families represent themselves or use IPSEA/SOS!SEN support.

12. Frequently Asked Questions

My child's school says they don't need an EHCP — should I still apply?

Yes, if you believe your child's needs are not being met. You do not need the school's agreement to make a request. The school may have concerns about capacity, resources, or bureaucracy — none of which should be your problem. Apply if your instinct says your child needs more.

Can an EHCP follow my child to a new school?

Yes. The EHCP is tied to your child, not the school. When your child moves schools, the EHCP transfers. KCC must amend Section I to name the new school. There is usually an early annual review or interim review to update the plan for the new placement.

What happens to an EHCP when my child turns 16?

The EHCP continues. From Year 9 (age 13–14), annual reviews must include transition planning for post-16 life. At 16, the young person has the same rights as parents (they can consent to or appeal decisions). The EHCP can continue up to age 25 if the young person is still in education and still needs the plan.

Can Kent refuse an EHCP because it costs too much?

Cost can be a factor, but only when comparing two placements that would equally meet your child's needs — not as a reason to deny appropriate provision. KCC cannot refuse an EHCP or appropriate provision solely on grounds of cost if there is no alternative way to meet your child's needs.

My child has an EHCP but the provision is being ignored — what now?

Write to the headteacher and SENCo setting out specifically what isn't being delivered with reference to the EHCP. Follow up in writing with KCC — they have a legal duty to ensure provision is delivered. If still no action, complain to the Local Government and Social Care Ombudsman (LGSCO). Keep records of everything.

Is there help with the appeal process?

Yes. IASK Kent, IPSEA, and SOS!SEN all provide free support for families going through appeals. Many families represent themselves at tribunal — the process is designed to be accessible. See our EHCP appeal guide for a step-by-step breakdown.

📋 Ready to start? Get our free EHCP request letter template

Used by hundreds of Kent parents. Written for plain English — no legal knowledge needed.

Download free EHCP template →

🔍 Need professional support for your EHCP?

Many parents find that independent professional reports strengthen their EHCP application. Our Kent directory can help you find:

🗣️ Speech & Language Therapists 🧩 Occupational Therapists 🧠 Educational Psychologists ⚖️ EHCP Solicitors
Browse the full SEND directory →

Related Guides

EHCP Application Kent

Step-by-step guide to applying

EHCP Checklist

Review every section of your plan

Annual Review Guide

Your rights at annual review

EHCP Appeal Guide

How to appeal to the SEND Tribunal