The Complete EHCP Guide for Parents in Kent (2026)

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 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.

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

Schools have two ways to support children with additional needs:

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 aged 0–25. 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.

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:

• Parents or carers — you do not need the school's agreement
• The child's school or setting
• The young person themselves (if aged 16–25)
• A health professional (such as a paediatrician or GP)
• A social care professional

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 (if your child is known to services)
• 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 Whether to Issue (normally by week 16)

After the assessment, KCC must tell you whether it will issue an EHC plan. A refusal-to-issue notice gives reasons, mediation information and a right of appeal; the 15-day draft-plan comment period does not apply to a refusal notice.

Step 5: Draft EHCP if KCC Decides to Issue

If KCC decides to issue an EHCP, it must send you a draft and give you at least 15 calendar days to make representations and request a school or other institution. There is no separate statutory “2-week draft stage”; the final-plan deadline is normally week 20.

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: 20 Weeks and What Happens

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)

• Every item of provision is specific and 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
• Does not say "access to" (which means nothing) — it says "will receive"

In Section I (School)

• Names a specific school — not just a type of school
• The named school can meet all the provision in Section F

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:

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

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 take place within 12 months of the plan being made; each later review must take place within 12 months of the previous review. The annual review is an opportunity to:

• 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
• Change the school named in Section I

For a child attending school, the education setting normally arranges the meeting. The person arranging it must send the review report within 2 weeks of the meeting. KCC must notify you whether it will maintain, amend or cease the plan within 4 weeks of the meeting.

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

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.

11. Kent-Specific Contacts

12. Frequently Asked Questions