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The EHCP Process in England

A step-by-step guide to the 20-week legal journey for securing Special Educational Needs support.

The Education, Health, and Care Plan (EHCP) process is a legal journey designed to ensure children and young people with Special Educational Needs (SEN) receive the support they require. In England, the entire process—from the initial request to the final plan—must legally be completed within 20 weeks.

The 20-Week Timeline

Weeks 0-6

The Request

LA decides whether to carry out a formal assessment.

Parent Focus:Ensure the initial request is backed by evidence of "Plan-Do-Review".
Weeks 7-12

Assessment

Professionals (EPs, Health, Social Care) gather evidence and write reports.

Parent Focus:Confirm all relevant professionals are aware of your child's specific needs.
Weeks 12-16

The Decision

LA reviews reports and decides if a legal Plan is required.

Parent Focus:Review the professional reports for accuracy before the drafting begins.
Weeks 17

The Draft

LA issues the Draft EHCP (without naming a school).

Parent Focus:Crucial: Focus on Section F. Ensure all support is specific and quantified.
Weeks 18-19

Consultation

Parents name a school; LA consults with that placement.

Parent Focus:You have 15 days to respond to the draft and request a specific setting.
Weeks 20

Finalization

The Final EHCP is issued, naming the school/setting.

Parent Focus:Check the final document matches agreed changes from the draft.

Detailed Phase Breakdown

Phase 1: Request & Decision (Weeks 0–6)

The process begins the moment a request for an EHC Needs Assessment (EHCNA) is made.

  • The Goal: To determine if the child's needs exceed what a mainstream school can provide via standard SEN Support.
  • The Deadline: By the end of Week 6, the Local Authority must notify you of their decision.
  • Note: If they refuse to assess, you gain the right to mediation and appeal.

Phase 2: Evidence & Drafting (Weeks 7–16)

If the LA agrees to assess, they must seek "Advice" from specific experts.

  • Required Input: Educational Psychologist, Medical professionals, Social Care, and the school.
  • Decision to Issue: By Week 16, the LA must tell you if they will issue a plan.
  • Tip: If they decide not to issue a plan, they still must provide a "Summary of Assessment" to help the school support the child.

Phase 3: The Draft & Consultation (Weeks 17–20)

This is the final push to get the legal document correct.

  • Section F (The "Golden Ticket"): This section specifies the support. It should not use vague terms like "regular" or "access to." It should say "30 minutes, twice a week, with a qualified therapist."
  • Naming a School: You have a legal right to express a preference for a school. The LA must consult with them to ensure they can meet the needs outlined in the plan.
  • Completion: The Final EHCP is a legally binding document.

Key Legal Rights

  • 1

    The 20-Week Rule

    This is a statutory limit. Local Authorities cannot extend this due to staffing or "busy periods."

  • 2

    Specific and Quantified

    All provision in the plan must be detailed so that anyone reading it knows exactly what the child is entitled to.

  • 3

    Right to Appeal

    You have the right to appeal to the SEND Tribunal if you disagree with a "Refusal to Assess," a "Refusal to Issue," or the contents/school placement in a Final Plan.