How to Apply for EHCP UK

How to Apply for EHCP UK: A Strategic Guide for 2026

Published by LocalPage.uk Content Team | Updated for 2025-2026 Compliance | UK-Wide Guidance

Navigating the complexities of the Education, Health and Care Plan (EHCP) system is a critical endeavour for many UK businesses within the professional services, legal, and educational sectors. As we move into 2026, the landscape of Special Educational Needs and Disabilities (SEND) support continues to evolve, shaped by legislative refinements and shifting local authority budgets. For professionals advising clients or managing educational facilities, understanding the precise mechanisms of an EHCP application is no longer optional—it is a core competency.

576,000+ The estimated number of children and young people with an EHCP in England alone as of 2025 (Department for Education). This represents a significant increase in demand for specialised support services.

Determining Eligibility for an EHC Needs Assessment

Before embarking on the formal application process, it is vital to determine whether a child or young person meets the statutory criteria for an EHC needs assessment. This stage is where many applications falter, often due to a lack of documented evidence regarding the "graduated approach" already taken by the educational setting.

The Legal Threshold for Assessment

In England, the legal test is found in Section 36(8) of the Children and Families Act 2014. The Local Authority (LA) must consider whether the child has or may have special educational needs and whether it may be necessary for special educational provision to be made in accordance with an EHCP. Whilst this appears to be a low threshold, LAs increasingly scrutinise the evidence of prior interventions.

Documenting the Graduated Response

Professional services must advise schools and parents to meticulously document the "Assess, Plan, Do, Review" cycle. In Wales, under the Additional Learning Needs (ALN) system, this translates into the creation of an Individual Development Plan (IDP). For businesses in the professional services sector, auditing these documents is the first step in a successful application strategy.

Evidence of Cost-Neutral Interventions

LAs often look for proof that the school has spent its delegated SEND budget (typically the first £6,000 of support) before they will agree to an assessment. Ensure that all cost-neutral interventions are costed and reviewed for impact.

Initiating the Formal Request for Assessment

A formal request for an EHC needs assessment can be made by a parent, a young person (if over 16), or the educational setting. From a strategic perspective, a collaborative request involving both the family and the school often carries the most weight, although this is not always possible.

Identifying the Correct Local Authority

The request must be sent to the Local Authority where the child resides, not necessarily where the school is located. For businesses operating near regional borders, such as those in the North West or the Midlands, this distinction is critical for ensuring applications are sent to the correct commissioning body.

Structuring the Application Letter

The application should be professional, measured, and authoritative. It must clearly outline the specific difficulties the individual faces and, crucially, why the current support is insufficient. Reference to the SEND Code of Practice (2015) is essential for maintaining a high level of compliance.

Utilising Statutory Timelines

The LA has exactly six weeks from the receipt of the request to decide whether to assess. Tracking this timeline is vital; many businesses use dedicated project management tools to ensure no statutory deadlines are missed by the LA.

22% The percentage of all UK businesses categorised as professional services. Within this group, the demand for SEND consultancy and legal advice regarding EHCPs has grown by 15% year-on-year (FSB, 2025).

Gathering Multi-Agency Evidence and Reports

Once an assessment is agreed upon, the LA will seek advice from various professionals. For a comprehensive EHCP, this multi-agency approach is the backbone of the final document. The quality of this evidence directly impacts the level of funding and support secured.

Educational Psychologist Involvement

The LA is legally required to obtain advice from an Educational Psychologist. However, many families and businesses now endeavour to provide independent reports to ensure a more nuanced view of the child's needs. In Scotland, where Coordinated Support Plans (CSPs) are used, the involvement of educational psychologists remains equally pivotal.

Health and Social Care Contributions

An EHCP is not purely educational. It must integrate health and social care needs. For businesses in the hospitality or retail sectors providing apprenticeships

to young people with SEND, understanding the social care element of an EHCP is vital for workplace adjustments and long-term retention.

The Role of Private Clinicians

Whilst reports from HMRC-registered private therapists are valid, LAs often prioritise NHS-led advice. A strategic tip is to ensure private reports explicitly address the "education" element to ensure the recommendations are legally binding within the EHCP.

Navigating Regional Variations Across the UK

While the intent of SEND support is national, the legislative frameworks vary significantly across the four nations. Businesses operating UK-wide must adapt their strategies to remain compliant with local regulations.

The ALN System in Wales

In Wales, the transition from Statements of SEN to Individual Development Plans (IDPs) under the ALNET Act is nearly complete. Business Wales provides mentorship for SMEs in the care sector to help them understand these shifts. The focus in Wales is on "person-centred planning," which requires a different style of documentation compared to the English EHCP.

Coordinated Support Plans in Scotland

Scotland operates under the "Getting It Right For Every Child" (GIRFEC) framework. The equivalent of an EHCP is the Coordinated Support Plan (CSP). Unlike the EHCP, a CSP is only for those with complex needs requiring significant multi-agency input. Scottish Enterprise often supports educational startups in navigating this distinct landscape.

Cross-Border Trade and Northern Ireland

In Northern Ireland, the Statement of Special Educational Needs is still the primary document, though reforms are ongoing. With cross-border trade up 12% since 2024, businesses in Belfast or Derry must be adept at comparing NI Statements with the Windsor Framework's implications for service delivery.

The Draft EHCP and the Right to Respond

If the assessment is successful, the LA will issue a draft EHCP. This is a critical window for businesses and parents. You have 15 days to comment on the draft and express a preference for a specific school or college.

Analysing Sections B, F, and I

Section B details the needs, Section F details the provision, and Section I names the placement. There must be a direct "golden thread" between these sections. If a need is mentioned in B, it must have a corresponding provision in F. This is the most common area for legal challenge via the First-tier Tribunal (SEND).

Naming a School or College

The LA must name the school requested unless it is unsuitable for the age, ability, or aptitude of the child, or if the attendance would be incompatible with the efficient education of others or the efficient use of resources. For independent special schools, this often involves complex fee negotiations.

Checking for Vague Language

Provision must be "specified and quantified." Beware of words like "regular," "as required," or "access to." A professional audit will replace these with specific hours and frequencies (e.g., "30 minutes of 1:1 Speech and Language Therapy once per week").

Professional Insight: In 2026, 76% of UK consumers research local businesses online before purchasing. Educational consultants and SEND advocates must ensure their digital presence reflects their authoritative knowledge of the EHCP process to build trust with prospective clients.

Managing the Annual Review Process

An EHCP is a living document. It must be reviewed every 12 months (or every 6 months for children under five). For businesses managing educational placements, the Annual Review is the primary mechanism for adjusting funding levels and provision.

Preparing for the Review Meeting

Preparation should begin at least two months before the meeting. Professional services should advise schools to circulate reports from all involved agencies at least two weeks in advance. This ensures the meeting focuses on decision-making rather than data-sharing.

Requesting a Re-Assessment

If a child's needs change significantly, a business or parent can request a formal re-assessment of needs outside of the Annual Review cycle. This follows the same 20-week timeline as a new application and requires fresh evidence from the ICO-compliant data handlers within the school.

Transition Reviews

Reviews held during "phase transfers" (e.g., primary to secondary) are the most contentious. In England, the LA must issue a final EHCP naming

the new school by 15th February in the year of transfer. Missing this deadline is a breach of statutory duty.

Mediation and the SEND Tribunal System

When an application is refused, or the final EHCP is unsatisfactory, the route to resolution often involves mediation or a tribunal. For UK businesses, understanding the costs and time-frames involved in these disputes is vital for risk management.

The Mandatory Mediation Certificate

In most cases, you must consider mediation before lodging a tribunal appeal. A mediation certificate is required. Whilst mediation is less adversarial and often faster, only about 25% of EHCP disputes are fully resolved at this stage, according to Ministry of Justice trends for 2025.

Lodging a Tribunal Appeal

The First-tier Tribunal (Special Educational Needs and Disability) is independent of the LA. Appeals must be lodged within two months of the LA decision. Professional legal services often handle these cases, with success rates for parents and schools remaining high (over 90% in some categories) when evidence is robust.

Extended Appeals for Health and Social Care

The Tribunal now has the power to make non-binding recommendations about health and social care. Although "non-binding," LAs and Integrated Care Boards (ICBs) are expected to follow them unless there are compelling reasons not to. This is a significant strategic lever for businesses providing holistic care packages.

Financial Implications and Personal Budgets

An EHCP often comes with funding attached. Understanding how this money is managed—especially through Personal Budgets—is a key consideration for businesses in the care and educational technology sectors.

The Three Elements of SEND Funding

Funding is generally divided into three parts: Element 1 (Core school funding), Element 2 (Additional support from the school's budget), and Element 3 (Top-up funding from the LA). Element 3 is what the EHCP secures. In 2026, the Federation of Small Businesses reports that micro-businesses in the SEND sector are increasingly relying on Element 3 payments for viability.

Requesting a Personal Budget

Parents and young people have the right to request a Personal Budget. This can be managed by the LA, a third party, or as a Direct Payment. For startups offering specialised tutoring or therapy, being able to accept Direct Payments from EHCP Personal Budgets opens a significant market segment.

Audit and Compliance

Businesses receiving EHCP funds must maintain impeccable records. HMRC and local authorities can audit the use of these funds to ensure they are being spent exactly as specified in Section F of the plan. Failure to comply can lead to the clawing back of funds.

99.3% The proportion of UK businesses that are SMEs. For many small educational providers, the EHCP system is the primary driver of their business model, making regulatory compliance with the SEND Code of Practice essential for long-term stability.

Future Trends: EHCPs in 2026 and Beyond

As we look toward the remainder of 2026, several trends are emerging that will impact how businesses and professionals interact with the EHCP process. Digital transformation and AI-driven evidence gathering are at the forefront of these changes.

Digital EHCP Platforms

Many LAs are migrating to "Digital EHCP" portals (e.g., EHub). These platforms allow for real-time tracking of the 20-week process. For businesses, this increases transparency but also requires staff to be trained in new software systems.

The ICO has issued specific guidance for these platforms to ensure data privacy for sensitive SEN information.

The Rise of "Near Me" Searches for SEND Support

Voice search queries for "SEND advocates near me" or "EHCP help UK" have increased by 43%. Local businesses in this sector must optimise their digital content to ensure they appear in these hyper-local searches, particularly in regions like Wales and Scotland where local expertise is highly valued.

Sustainability in Provision

There is an increasing focus on the "sustainability" of EHCP placements. LAs are under pressure to name local, state-funded placements over independent out-of-county spots. Businesses must be able to demonstrate "Value for Money" (VfM) alongside high-quality outcomes to remain competitive in the naming process in Section I.

"Hey Google, how long does an EHCP application take in the UK?"

The entire EHCP process, from the initial request for an assessment to the issuing of the final plan, must legally take no more than 20 weeks. This timeline is strictly monitored by the Department for Education and applies to all Local Authorities in England.

"Siri, who can apply for an EHCP for a child?"

In the UK, a formal request for an EHC needs assessment can be made by the child's parents, the young person themselves (if they are aged between 16 and 25), or the child's school or college. Professional advocates can also assist in drafting the application.

Frequently Asked Questions

Can I apply for an EHCP if my child is home-schooled?

Yes, you can. Children who are Electively Home Educated (EHE) have the same right to an EHC needs assessment as those in school. The Local Authority must assess based on the child's needs, not their educational setting. However, if an EHCP is issued, the LA's duty to provide the support may vary if you choose to continue home-schooling without their formal agreement of 'Education Otherwise Than At School' (EOTAS).

Does an EHCP guarantee a place in a special school?

No, it does not. An EHCP gives you the right to request a special school, and the LA must comply unless specific legal exceptions apply (such as the school being full or unsuitable). Many children with EHCPs are successfully educated in mainstream schools with the additional funding and support the plan provides. In 2025, roughly 50% of pupils with EHCPs attended mainstream settings.

What is the '20-week rule' in the EHCP process?

The 20-week rule is the statutory maximum timeframe for the entire EHCP process. This starts from the moment the LA receives a request for an assessment and ends when the final, completed EHCP is issued. There are very few legal exceptions to this timeline, such as if the child is away for a period of more than 4 weeks or if the school is closed for holidays.

Can an EHCP be used for university students?

No. An EHCP stops when a young person enters higher education (university). At that stage, support is provided through the Disabled Students' Allowance (DSA). However, an EHCP can remain in place until the age of 25 if the young person is in further education (college), an apprenticeship, or a supported internship, provided they still require the plan to achieve their educational outcomes.

How much does it cost to apply for an EHCP?

The application for an EHC needs assessment itself is free. Local Authorities do not charge for the assessment or for issuing the plan. However, many parents and businesses choose to pay for independent professional reports (such as from private Educational Psychologists) or legal representation, which can range from £500 to several thousand pounds depending on the complexity of the case.

Is a diagnosis necessary to get an EHCP?

No, a formal medical diagnosis (such as Autism or ADHD) is not a legal requirement for an EHCP. The plan is based on 'educational need' and the impact of those needs on learning. While a diagnosis provides strong evidence, an LA cannot refuse to assess a child simply because they are still on a waiting list for a clinical diagnosis, as confirmed by numerous Upper Tribunal rulings.

What happens if we move to a different county?

The EHCP must be transferred to the new Local Authority. You should notify both your old and new LA at least 15 days before you move. The new LA takes over legal responsibility for the plan and must provide the support listed within it. They have the right to conduct a fresh review of the plan, but they cannot simply stop the support without following the formal 'cease to maintain' process.

Can an EHCP cover transport to school?

School transport is handled under a different set of laws (Section 508B of the Education Act 1996). While transport is not usually part of the EHCP itself, the plan is used to determine if a child is eligible for free transport. If the LA names a school in the EHCP that is further away than the 'nearest suitable' school, they may not be obliged to pay for transport unless certain conditions are met.

What is 'EOTAS' and can it be in an EHCP?

EOTAS stands for 'Education Otherwise Than At School'. It is a legal arrangement where the LA agrees that it is not appropriate for a child to be educated in a school or college.

Instead, the LA funds provision such as 1:1 tutoring, therapy, or forest school. This must be clearly stated in Section F of the EHCP, and the LA is responsible for all associated costs.

Can the LA 'cease to maintain' an EHCP?

The LA can only stop an EHCP if the young person no longer requires the special educational provision, or if they are no longer in education or training (e.g., they have started a job). If the LA proposes to cease a plan, they must issue a formal notice, and the parents or young person have the right to appeal this decision to the SEND Tribunal, during which time the plan must stay in place.