EHCP Rights Checker UK 2025 — Education, Health & Care Plan Assessment & Appeals
An Education, Health and Care Plan (EHCP) is a legally binding document that describes a child or young person's special educational needs and the support they must receive. Local Authorities have legal duties around assessment, preparation, and review of EHCPs — but these duties are frequently misunderstood or not met. This checker explains your rights at every stage.
All EHCP deadlines are set in the Children and Families Act 2014 and SEND Regulations 2014. SEND Tribunal appeals: register within 2 months of decision (or 1 month from Mediation Certificate). Free advice: IPSEA (01904 601 067), SOSSEN, and local Parent Carer Forums. Legal aid is available for SEND Tribunal cases.
The 20-Week EHCP Timeline
| Stage | Deadline from request date | What happens |
|---|---|---|
| LA decision: assess or not? | 6 weeks | LA tells you whether it will carry out a needs assessment |
| EHC needs assessment | Weeks 6–12 | LA gathers advice from education, health, social care, parents, child |
| Draft EHCP issued | 12 weeks | Draft must be sent to parents; 15-day period to comment |
| School consultation | 15 weeks | LA consults named school; school has 15 days to respond |
| Final EHCP issued | 20 weeks | Final EHCP names provision and school; appeal rights arise |
These deadlines are legal requirements under the SEND Regulations 2014, not guidelines. Local Authorities miss them regularly. If your LA misses a deadline, you should write formally to the LA’s SEND team, and if necessary complain to the Local Government Ombudsman or seek legal advice.
What Must an EHCP Contain?
A lawful EHCP must clearly specify: the child’s needs in Sections B (SEN) and C (health)/D (social care); the outcomes sought (Section E); the educational provision required to meet those needs, stated in specific and quantified terms (Section F); the school or type of school (Section I); and any health and social care provision (Sections G and H). Vague, non-specific provision in Section F is one of the most common grounds for tribunal appeal — courts have consistently held that provision must be described in enough detail that it is clear what a school must provide.
SEND Tribunal Appeals
You can appeal to the First-tier Tribunal (SEND) against: refusal to assess; refusal to issue an EHCP after assessment; the description of SEN or provision in a final EHCP; the school named (or refusal to name your preferred school); and refusal to amend after annual review. The appeal must be registered within 2 months of the decision letter, or 1 month from a Mediation Certificate (mediation is required before most appeals). The SEND Tribunal is free to use for parents and young people.
Frequently Asked Questions
No. An EHCP is based on needs, not diagnoses. The question is whether the child has special educational needs that cannot be met without an EHCP — not whether they have a particular diagnosis. Many children with autism, ADHD, dyslexia, or anxiety have EHCPs; equally, a diagnosis alone does not guarantee an EHCP. What matters is the impact of the need on the child’s education and what provision is required.
EHCPs must be reviewed at least annually. The review must consider whether the EHCP remains appropriate and whether it needs amending. For children under 5, reviews must take place every 6 months. The review must take into account advice from the school, parents, and the child. After the review, the LA must tell you within 4 weeks whether it intends to maintain, amend, or cease the EHCP. If you disagree with the outcome, you have 2 months to appeal to the SEND Tribunal.