Sources: section-specific duties; drafts; assessment test; enforcement; young people.
1. What Is an EHCP?
An Education, Health and Care Plan (EHCP) is a statutory plan made and maintained by your local authority (in Kent, Kent County Council — KCC). It records:
- Your child's special educational needs (SEN)
- The outcomes you want your child to achieve
- The education, health and social-care provision specified in the relevant sections
- Where that support will be delivered (the school or setting)
EHCPs were introduced by the Children and Families Act 2014. The plan must contain required information, but duties and remedies vary by section. KCC must secure Section F provision and the responsible commissioning body must arrange Section G health provision, subject to statutory exceptions. SEN Support also carries legal duties; it is not simply optional help.
EHC plans can support children and young people who meet the legal tests; there is no automatic right to keep one until age 25. Turning 16 or 18 does not itself end a plan. Plans do not cover higher education. There is a power to continue an existing plan to the end of the academic year in which a young person turns 25; cessation requires the applicable process, not simply an assumed birthday cut-off. See section 46 and IPSEA’s age-25 guidance.
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 | No EHC plan under section 37; the setting still has statutory SEND and equality duties | Statutory plan; duties and remedies vary by section and responsible body |
| Who provides it | The setting, with support and funding arrangements depending on its type and the individual circumstances | Named bodies arrange specified provision under their statutory duties |
| What it specifies | Flexible — school has discretion | Must be specific and measurable |
| Right of appeal | No EHC-plan contents appeal; school complaints and disability discrimination routes may still apply | Rights of appeal against specified decisions and Sections B, F and I |
| School choice | Ordinary school admission and appeal rules apply | Names specific school or type of school |
| Covers | Education support; health or social-care help may exist separately | 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?
An EHC needs assessment can be requested for a child or young person under 25. A request may be appropriate where they:
- Have special educational needs or a disability (SEND)
- Require provision that is "additional to or different from" what the school normally provides from its own resources
There is no list of qualifying diagnoses. The decision is based on the statutory tests and the evidence about the individual child's or young person's SEN and provision, not on a diagnosis by itself.
The assessment test in section 36(8) of the Children and Families Act 2014 asks whether the child or young person has or may have SEN and whether it may be necessary for special educational provision to be made through an EHC plan. An assessment does not by itself guarantee that KCC will issue a plan.
4. The Sections of an EHCP Explained
The statutory format uses sections A–K, with social-care provision separated into H1 and H2. Understanding each section helps you identify missing needs, provision or evidence.
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.
A detailed description of all identified SEN and how they affect learning and access to education. Describe the difficulty itself here. Visual prompts, chunked tasks and other support belong in Section F as provision addressing those needs.
Health needs identified in the assessment that relate to SEN must be recorded. The responsible health body may also choose to specify other health needs. Health-related provision that educates or trains is treated as special educational provision under section 21(5); it should not be assigned to Section G simply because a therapist provides it.
Social-care needs related to SEN, including needs requiring provision under section 2 of the Chronically Sick and Disabled Persons Act 1970 for those under 18. Children’s and adult social-care frameworks differ; the Care Act is relevant to adulthood and transition rather than being the sole basis for a child’s care. Ask which assessment and duties apply.
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.
Specifies the special educational provision the local authority must secure under section 42: for example, the type, frequency and duration of support, specialist equipment or an adapted curriculum. Provision should be detailed and specific and normally quantified; wording such as "regular speech therapy" may be too vague to identify what must be arranged.
Health care provision reasonably required by the learning difficulties or disabilities resulting in SEN. The responsible commissioning body must arrange provision specified in Section G under section 42. Provision that educates or trains is treated as special educational provision under section 21(5), regardless of the professional’s job title, and belongs in Section F.
H1 records provision required under section 2 of the Chronically Sick and Disabled Persons Act 1970 for a child or young person under 18. H2 records other social-care provision reasonably required by the learning difficulties or disabilities resulting in SEN. The duty and enforcement route depend on the relevant social-care law; these sections are not merely optional notes.
The school or type of setting goes here. A parent or young person can request a setting. For institutions within section 38, KCC must apply the section 39 suitability, efficient-education and efficient-resources test; requests for other independent settings follow a different route.
Section J records details of a personal budget, including any direct-payment arrangements agreed for provision in the plan. The SEND Code explains the request process and restrictions; a personal budget or direct payment is not automatic.
The advice and information gathered during the assessment — such as EP, OT, SLT and health reports. Section K evidence helps explain the plan but the statutory duties and remedies depend on the provision or decision in question.
5. How to Get an EHCP in Kent
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.
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:
- Your child's full name, date of birth, and address
- The name and address of their current school or setting
- A brief description of your child's special educational needs
- Why you believe an assessment is needed (what is not working with current support)
- Any reports or evidence you already have (attach copies, keep originals)
Use our free request letter template — it's structured to cover all the right points.
Submit through KCC's current route: create an account and use the online EHC needs assessment request. Save the confirmation and a copy of everything uploaded. IASK can help on 03000 41 3000.
Step 2: KCC Decides Whether to Assess (6 weeks)
KCC normally has 6 weeks from receiving the request to tell you whether it will assess. It must apply the section 36(8) test: whether your child has or may have SEN and whether it may be necessary for special educational provision to be made through an EHC plan. A refusal notice carries a right of appeal to the SEND Tribunal.
Step 3: The Assessment and Evidence
If KCC agrees to assess, they must gather evidence from:
- The child's school (educational advice)
- A qualified educational psychologist (EP)
- Health professionals (paediatrician, SLT, OT, CAMHS as relevant)
- Social-care advice and information, including where the child is not already known to the service. Existing sufficient advice may be used where the legal conditions are met.
- You (parental advice) — submit this in writing
- Your child (child's advice) — their views must be sought
- Any other relevant professional
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 After Assessment
After assessment, KCC applies the separate section 37(1) necessity test to decide whether a plan is required. A decision not to issue must normally be notified by week 16, with reasons and information about mediation and appeal. This is not a fixed deadline for a draft, and the 15-day draft response period does not apply to a refusal notice.
Step 5: Draft EHCP if KCC Decides to Issue
If KCC decides to issue, it must send a draft and allow at least 15 days for representations, a meeting request and a request for a setting. The initial draft must not name a school or type of setting. There is no fixed statutory draft date; the final-plan deadline is normally 20 weeks, subject to the statutory exceptions. IPSEA explains the draft stage.
Step 6: Final EHCP (20 weeks total)
KCC issues the final EHCP. The statutory duties then apply to the relevant bodies and provision. If you disagree with an appealable part or decision, the usual deadline is 2 months from the date on the decision letter or 1 month from the date on the mediation certificate, whichever is later. Check the letter and the current GOV.UK appeal guidance.
For a fuller step-by-step breakdown with Kent-specific details and common pitfalls, see our EHCP application guide.
6. EHCP Timeline: Normal Statutory Limits
Limited exceptions can affect these limits. Keep evidence of when KCC received the request; ask for an explanation of any delay. There is no separate fixed statutory window for the assessment or draft stage.
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)
- Describes your child as an individual, not a generic autistic/dyslexic/ADHD child
- Covers communication, interaction, cognition, sensory, emotional, and physical needs
- Uses evidence from assessments, not generic descriptions
- Says how needs manifest in school, not just that they exist
In Section F (Provision)
- Provision is detailed and specific and normally quantified: "30 minutes of small-group social skills work twice per week" not "social skills support"
- States who will deliver each item (qualified SLT, trained TA, etc.)
- Includes equipment (e.g., sensory equipment, specific IT)
- Links directly to needs in Section B
- Makes clear what the child will actually receive; wording such as "access to" may need more detail
In Section I (School)
- The initial draft must not name a school or type; you can request your preferred setting during the response period.
- In the final plan, check the setting or type against the needs and provision. A type-only plan is not automatically unlawful, but the absence of a named setting can be appealed where the right arises.
- Where the whole package is EOTAS and no setting will be attended, seek advice about a blank Section I and the package in Section F.
- "Access to speech and language therapy" without enough detail — what will actually be provided, how often and by whom?
- "As required" without criteria or a clear arrangement — ask what is required and who decides, allowing only justified flexibility
- "The school will make reasonable adjustments" without specifying the special educational provision needed — equality duties also apply, but do not replace clear Section F provision
- Outcomes written in passive voice with no timeframe
- Section F copied verbatim from the school's SEN Support plan
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:
- A maintained mainstream school — state-funded mainstream school
- A maintained special school — state-funded school specifically for children with SEND
- An academy or free school — including special academies
- An independent special school — privately run, funded by KCC if named in the EHCP
Your right to name a school
If you request a school or institution within the categories listed in section 38, KCC must apply the section 39 test. It must name the requested setting unless one of these exceptions applies:
- The school is unsuitable for your child's age, ability, aptitude, or SEN, or
- Placing your child there would be incompatible with the efficient education of others, or
- It would be an inefficient use of resources
A request for an independent school outside the section 38 categories follows a different legal route: KCC must have regard to the parent or young person's wishes, but the section 39(4) duty to name does not apply in the same way.
KCC must apply the statutory placement test and explain its decision. If it refuses your preferred school, check the final plan and decision letter: a disagreement about Section I can carry a right of appeal, and the outcome will depend on the evidence and legal test in the individual case.
For a guide to Kent's SEND schools, see our SEND schools in Kent guide.
9. Annual Reviews
The first review must be completed within 12 months of the plan being made, and each later review within 12 months of the previous review. The process includes KCC’s decision; the meeting alone does not complete it. You can use the review to propose changes, rather than changing the plan yourself.
- Update the description of your child's needs
- Change or increase provision if it's not working
- Challenge provision that isn't being delivered
- Raise new needs that have emerged since the last review
- Request a change to the school named in Section I
For a child at school, the setting normally arranges the review meeting. The report is due within two weeks. KCC must notify its decision within four weeks of the meeting, supplying proposed amendments if it decides to amend. Allow at least 15 days for representations; the final amended plan, or a decision not to amend, is due as soon as practicable and within eight weeks of sending the plan and proposed amendments. See IPSEA’s review process.
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. Most EHC appeals require you to contact a mediation adviser and obtain a certificate, although taking part in mediation is optional and a placement-only Section I appeal is exempt. Check the decision letter and current GOV.UK guidance; no statistic predicts an individual result.
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
The usual appeal deadline is 2 months from the date on the local authority's decision letter or 1 month from the date on the mediation certificate, whichever is later. You can appeal specified decisions about Sections B, F or I and a decision to cease a plan. Check the current grounds, any certificate exception and the route in your decision letter.
The school isn't delivering what the EHCP says
If Section F provision is missing, record what has not been delivered and notify both the school and KCC promptly. KCC holds the duty, subject to statutory exceptions; it cannot simply pass responsibility to the school. Use the council’s complaint route where it can provide an effective remedy. If important provision is being missed and delay would be harmful, seek advice promptly about urgent enforcement or judicial review. A Tribunal contents appeal is a different route. IPSEA explains the options.
KCC is taking too long
Keep the dates and write to KCC identifying the missed deadline and asking what will happen next. The Ombudsman may investigate eligible complaints and recommend remedies, including a financial remedy where appropriate; it does not order court-style compensation or replace a Tribunal appeal. Its jurisdiction is restricted where appeal rights have been or could be used. For urgent missing provision, obtain legal advice promptly. See what the Ombudsman can do and its jurisdiction limits.
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
Free impartial SEND information and advice for Kent families. Ask what help is available with letters, meetings or appeals for your situation and deadline. IASK’s current helpline information: 03000 41 3000.
Free, legally based SEND information and advice. Call-in helpline: 0300 222 5899 (check current opening times on IPSEA’s website). Pre-booked Advice and Tribunal Helplines are arranged through IPSEA's website.
Free independent advice and tribunal support. Saturday advice line available. Helpline: 020 3375 7020
KCC handles EHC needs assessments, reviews and placement decisions. Use its current online EHCNA request for a new assessment or the SEND Enquiries Hub for questions and updates; do not rely on an old team mailbox.
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.
The First-tier Tribunal (Special Educational Needs and Disability) hears appeals against specified local-authority EHC decisions. The official GOV.UK page provides the current online and paper SEND35 routes.
12. Frequently Asked Questions
My child's school says they don't need an EHCP — should I still apply?
You can request an assessment without the school’s agreement. Explain why the statutory test may be met using the child’s needs, current provision and relevant evidence. Ask IASK or IPSEA for advice if you are unsure how to describe the request.
Can an EHCP follow my child to a new school?
An existing plan is not automatically cancelled by changing schools, but a move does not itself authorise any preferred placement or funding arrangement. Ask KCC to review or amend the plan using the proper process before changing placement. Moving between English local authorities has separate statutory transfer rules; moving outside England is different. Check GOV.UK’s transfer guidance.
What happens to an EHCP when my child turns 16?
Turning 16 does not automatically end the plan. From Year 9, reviews must address preparation for adulthood. Relevant SEND decision and appeal rights transfer after compulsory school age, not simply on the 16th birthday; the young person can ask parents or others to help. Different arrangements apply where they lack capacity for the particular decision. Continued plans depend on the legal tests and education or training needs, not an automatic entitlement until 25. See the legal definition of young person and the SEND Code, chapter 8.
Can Kent refuse an EHCP because it costs too much?
Assessment and plan decisions must use the tests in sections 36 and 37; a local budget policy is not a substitute. Placement choice is a separate question: section 39 includes an efficient-use-of-resources exception for the listed types of institution, and other independent settings use different rules. KCC must explain the applicable test and evidence. It cannot use funding difficulty to ignore Section F provision in a maintained plan. Get individual advice about a disputed placement or cost comparison.
My child has an EHCP but the provision is being ignored — what now?
Record the missing provision and notify the school and KCC promptly. For Section F, KCC is responsible for securing it, subject to statutory exceptions. A complaint may be appropriate, with the Ombudsman as a possible later route; if the issue is urgent, obtain advice about enforcement without waiting for a slow complaint process. Health and social-care provision have different duties and routes. Read IPSEA’s Section F guidance.
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.
A plain-English starting point. Adapt the request to your child and keep evidence of submission.
Download free EHCP template →🔍 Need professional support for your EHCP?
Use relevant existing reports and free advice first. A private assessment may address a specific evidence gap, but it is not a prerequisite for requesting an assessment and does not guarantee an EHCP or appeal outcome. Our directory lists independent services if you choose to explore that option.
Check IPSEA’s current helpline arrangements · checked 7 September 2026.