What happens after you apply for an EHCP?

You’ve submitted a request for an Education, Health and Care Plan (EHCP), whether as a parent, carer, or through school. So what happens next?

This guide breaks down the process step-by-step, including timeframes, decisions the local authority (LA) might make, and what you can do if things don’t go to plan.

Step 1: Decision to Assess (within 6 weeks)

After receiving your request, the LA has 6 weeks to decide whether to carry out an EHCP needs assessment.

They’ll consider:

• Evidence from home and school

• Whether your child’s needs may require support beyond what’s normally available

• What support is already in place

• Whether your child is making progress

You should expect to receive a letter by the end of week 6 with their decision.

 If They Say YES:

The LA will begin the needs assessment, which involves gathering advice from:

• You (the parent/carer)

• Your child (if appropriate)

• The school or setting

• An educational psychologist

• Health professionals

• Social care

• Other professionals, such as speech & language or occupational therapists.

You’ll be asked to share your views and experiences, usually through a form or written statement.

This stage typically takes another 6 weeks. All reports must be received by week 16 of the process.

 If They Say NO:

You have the right to challenge the decision.

You can:

• Request mediation (this is free and informal)

• Appeal to the SEND Tribunal (you must have a phone call to obtain a mediation certificate first)

You must act within:

2 months from the date of the refusal letter, or

1 month from receiving a mediation certificate, whichever is later.

Step 2: Decision to Issue an EHCP (by week 16)

After reviewing all the assessment reports, the LA will decide whether or not to issue an EHCP.

You should be notified by week 16 of the process.

 If They Agree to Issue:

You should receive a draft EHCP by week 16-18. You have 15 days to:

• Read the plan

• Request changes to wording or provision

• Suggest a school or setting for Section I

The final EHCP must be issued by week 20. If it is not, there are steps you can take. 

 If They Refuse to Issue:

Even if they carried out the assessment, the LA may decide not to issue a plan.

You can:

• Request mediation

• Appeal to the SEND Tribunal (you must have a phone call to obtain a mediation certificate first)

This is a common stage for appeals, and many parents are successful when they have strong evidence.

Below is the timeline for how everything should work. If there are delays, there are steps you can take.

  1. Parents/ carers or school apply for an EHCP

  2. LA decide whether to assess and inform you of this- Within 6 weeks

  3. LA gathering advice, this could be from an educational psychologist, OT, etc- By week 16

  4. LA inform you of their decision to issue an EHCP- By week 16

  5. The Draft EHCP is shared with you- Week 16-18

  6. Parent/ carer will response to the draft EHCP- 15 days

  7. Final EHCP issued- By week 20

Tips for Parents and Carers

• Keep records of everything - emails, reports, school notes

• Make your parental contribution as detailed and specific as possible

• Ensure you include your child’s challenges on their worst days

• Mark deadlines on a calendar - it’s easy to lose track

Need Extra Support?

At SEND Meadow, I offer support for families navigating the EHCP process, including:

  • Help writing your parental views

  • Reviewing draft EHCPs

  • Letter writing

  • Preparing for mediation or appeals

  • Answering your EHCP questions clearly and calmly

Book your FREE 15 minute consultation by completing the contact form on the website or emailing contact@sendmeadow.co.uk

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Mainstream SEND: How early intervention could reduce EHCP numbers.

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What Is an EHCP and Does My Child Need One?