Evaluate · United Kingdom

The EHCP process, demystified

An Education, Health and Care Plan (EHCP) is a legally-binding document for children and young people aged 0–25 in England whose needs cannot be met by the support normally available in school. Here's how the process actually works, what trips parents up, and how London boroughs compare.

In one minute

What it is: a legal plan describing your child's special educational needs and the provision the council must put in place.
Who can ask: a parent, the young person (16+), or a school/nursery/college. You do not need a diagnosis to apply.
How long it should take: 20 weeks maximum from your request to the final plan being issued.
Cost: free. Councils cannot charge for the assessment or plan.
Your safety net: if a council refuses to assess, refuses to issue, or writes a weak plan — you can appeal to the independent SEND Tribunal. Around 98% of appeals succeed in whole or in part.

Step-by-step: applying for an EHCP

1. Request the needs assessment

Council must respond within 6 weeks

You (or your school/nursery/college) write to the SEND team at your local council asking for an EHC needs assessment. Anyone over 16 can request it themselves. No formal diagnosis is required.

Parent tip: Send by email AND post. Keep a dated copy — the 6-week clock starts the day they receive your request.

2. Council decides whether to assess

Decision within 6 weeks of your request

The council reviews evidence from you, school, and any specialists. They either agree to assess or refuse. If refused, you have a right to appeal to the SEND Tribunal.

Parent tip: Around 25% of initial refusals are overturned on appeal. Don't take 'no' as final.

3. Information gathering

Specialists have 6 weeks to respond

Reports are requested from educational psychologist, school/SENCO, health (paediatrician, SALT, OT), social care, and from you as the parent. Your view legally carries equal weight.

Parent tip: Write a detailed Parental View (4–8 pages). Cover a typical day, strengths, struggles, what's been tried, what helps and what your child wants.

4. Decision to issue a plan

Decision within 16 weeks of your original request

Council decides whether the child needs an EHCP. If yes, they send a draft. If no, you can appeal.

Parent tip: A 'refusal to issue' is appealable. Mediation is offered first but is optional except for the certificate.

5. Draft EHCP — your 15 days

15 days to respond

You receive a draft plan with Sections A–K (but not yet Section I — the school). You have 15 calendar days to comment and to name a preferred school.

Parent tip: Section B (needs) and Section F (provision) must be specific and quantified — hours, frequency, who delivers it. Vague wording is the #1 cause of plans failing later.

6. Final EHCP issued

20 weeks total statutory deadline

The finalised plan is issued naming the school in Section I. The whole process must complete within 20 weeks of the original request.

Parent tip: If you disagree with Sections B, F or I, you have 2 months from the final plan date to appeal to the SEND Tribunal.

7. Annual reviews

At least yearly

The plan is reviewed at least every 12 months (every 6 months for under-5s). Provision must be delivered as written — it is legally enforceable.

Parent tip: If provision isn't being delivered, complain to the council, then the Local Government & Social Care Ombudsman.

Common challenges & how to overcome them

Council refuses to assess, often citing 'school should do more first' or 'not enough evidence'.

There is no legal requirement to try SEN Support first. Reply quoting the SEND Code of Practice 9.14 and IPSEA's refusal-to-assess template letter. Lodge a Tribunal appeal — most are conceded before hearing.

Statutory deadlines (6 / 16 / 20 weeks) are missed.

Email the SEND manager with the dates and request immediate progression. Escalate via stage 1 complaint, then the Local Government & Social Care Ombudsman (LGSCO) — they routinely order councils to pay £100–£500/month delay compensation.

Educational psychologist (EP) reports are generic or delayed due to EP shortages.

Request the council commission a private EP if their service can't meet the 6-week deadline (your legal right). Or commission your own and submit it as parental evidence.

Section F provision is vague: 'access to', 'opportunities for', 'as required'.

Reply in writing during the 15-day draft window with specific wording: hours per week, 1:1 vs small group, qualifications of staff, frequency of SALT/OT. If not changed, appeal Section F to Tribunal.

Council refuses your preferred school, naming a cheaper mainstream instead.

They can only refuse a parent-named maintained/academy school on 3 grounds (unsuitable, incompatible with others' education, or inefficient use of resources — and the last must be evidenced). Independent specialist schools have a higher bar. Appeal Section I.

Provision in the final EHCP isn't being delivered by the school.

The council — not the school — is legally responsible. Write to the SEND team citing Section 42 of the Children & Families Act 2014. Then LGSCO or judicial review.

You can't afford a solicitor.

IPSEA and SOS!SEN offer free helplines and tribunal packs. Legal aid is available for judicial review and some Tribunal cases. Most parents self-represent successfully — Tribunal is designed for it.

London boroughs — how they compare

This snapshot blends published DfE SEN2 timeliness data, Local Government Ombudsman case patterns, Ofsted/CQC SEND inspection outcomes, and parent feedback from Reddit, Mumsnet and parent carer forums. Figures change year to year — always cross-check with the latest DfE SEN2 statistics.

Borough	Speed	Plan quality	Parent sentiment	Notes
Bromley	High Among the higher 20-week compliance rates in London	Good	Generally positive on r/SEND and Mumsnet — fewer complaints about Section F vagueness.	Often cited as a benchmark borough; SEND team responsive to specific wording requests.
Richmond / Kingston (AfC)	Medium Mixed — improved since 2023 Ofsted/CQC SEND inspection	Good	Parents praise EP quality but note long waits for autism assessment pathway.	Achieving for Children runs SEND for both boroughs. Strong on co-production language.
Wandsworth	Medium 20-week compliance roughly mid-table	Mixed	Mumsnet threads report inconsistency depending on caseworker.	Joint SEND service with Richmond was unwound; currently rebuilding capacity.
Camden	Medium-High Better than London average on issuing within 20 weeks	Good	Positive parent forum feedback on annual reviews actually happening on time.	Strong in-house EP team historically; well-regarded SENDIASS.
Hackney	Medium Improved post-2022 SEND inspection action plan	Mixed	Reddit/Mumsnet: parents report needing to push hard for specific provision.	Hackney Education runs services; good autism outreach but EP shortages reported.
Lambeth	Low-Medium Several LGSCO upheld complaints in recent years for delays	Mixed	Parent forums describe long waits and chasing as standard.	Worth lodging complaints early; LGSCO has ordered remedy payments here.
Southwark	Medium Around the London average for 20-week compliance	Mixed	Active parent carer forum (Southwark PCF) — useful peer support.	Engage with the PCF early — they shadow council performance.
Croydon	Low Historically among the slowest; subject to LGSCO public-interest reports	Mixed-Poor	Frequent Reddit/Mumsnet complaints about missed deadlines and provision not delivered.	Document everything from day one; expect to use complaints/Tribunal route.
Tower Hamlets	Medium Has improved under recent SEND strategy	Mixed	Parents report better communication than 2 years ago, still slow on EP reports.	SENDIASS is helpful; specialist provision oversubscribed.
Newham	Low-Medium Below London average on 20-week timeliness	Mixed	Forum reports of generic Section F wording; appeals often succeed.	High demand, growing child population — capacity is the core issue.
Barnet	Medium-High Generally meets statutory timescales more often than London average	Good	Mixed but improving; active Barnet Parent Carer Forum.	Good range of specialist resourced provisions in mainstream schools.
Ealing	Medium Around London average	Mixed	Parents report variable caseworker quality.	Strong autism outreach team; communication delays a common complaint.

Disclaimer: ratings are directional, drawn from public reports and parent feedback. Individual experiences vary widely depending on caseworker, school, and the strength of evidence submitted.

Official sources

Parent voices & reviews

Parent forum feedback is anecdotal — treat it as one signal among several. The most reliable picture comes from combining SEN2 stats, Ombudsman reports, and your local parent carer forum.

This page is informational and not legal advice. For free legal help with EHCPs, contact IPSEA or SOS!SEN.

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