Definition
An Education, Health and Care Plan is a legally binding document, issued by a local authority in England under section 37 of the Children and Families Act 2014, that describes a child or young person's special educational needs and the provision the LA must arrange to meet them, for ages 0–25.
In context for parents
Key checkpoints
- An EHCP is a legally binding document issued by a local authority in England under section 37 of the Children and Families Act 2014.
- Covers ages 0–25; replaced the Statement of SEN from September 2014.
- Sections A–K; the legally binding parts are Section F (provision the LA must arrange) and Section I (school named).
- Specificity standard for Section F: "specific and quantified" (Bromley / L v Clarke), not "access to".
- 20-week statutory clock from request to final plan, set out at s.36(10) and regulation 13 SEND Regulations 2014.
The EHCP replaced the Statement of SEN in September 2014 and extended legal protection from school age (5–16) to 0–25. The structure is set out in regulation 12 of the SEND Regulations 2014 and the SEND Code of Practice 9.62–9.64. Sections A to K cover, in order: the child's views (A), educational needs (B), health needs (C), social care needs (D), educational outcomes (E), educational provision (F), health provision (G), social care provision (H), school named (I), personal budget (J), and advice received (K).
The legally binding parts are Section F (which the LA must arrange) and the school named in Section I (which the LA must secure a place at). Section B sets the bar: every need named in B must have provision named in F. The standard the tribunal applies is the "Bromley wording": provision must be specific and quantified, not "access to" something.
Around 5–6% of UK children have an EHCP. The LA has 20 weeks from the date the assessment request lands (Children and Families Act 2014, s.36, regulation 13 SEND Regulations 2014). The 20-week clock starts the day the LA receives the request, not the day they reply to you. The LA has six weeks to decide whether to assess, sixteen weeks to issue a draft (if proceeding), and twenty weeks to a final plan.
Parents have right of appeal to the First-tier Tribunal (SEND) on refusal to assess, refusal to issue, and the contents of the final plan (Sections B, F, I primarily). The legal test the tribunal applies to provision is whether it is what the child needs, not what is in the LA's budget.
Related terms
The terms parents most often see alongside Education, Health and Care Plan.
EHC Needs Assessment(EHCNA)
The local authority's statutory process for gathering advice from professionals to decide whether a child needs an EHCP. The LA has 20 weeks from request to issuing a final plan.
Section B (EHCP)
The section of an EHCP that describes the child's special educational needs. Section B must be specific and detailed. It sets the bar for what the provision in Section F must address.
Section F (EHCP)
The section of an EHCP that sets out the special educational provision the local authority must secure. Wording should be specific, quantified, and unambiguous (often called 'SMART').
Section I (EHCP)
The section of an EHCP naming the school or type of school the child will attend. Parents can request a specific school, and the LA must name it unless narrow legal grounds apply.
Annual Review
The statutory yearly meeting where an EHCP is reviewed and updated. The LA must decide within four weeks whether to maintain, amend, or cease the plan.
SEND Tribunal
An independent tribunal that hears appeals against local authority decisions on EHC needs assessments, EHCP contents, school placement, and disability discrimination by schools.
Local Authority(LA)
The council responsible for arranging and funding the special educational provision in a child's EHCP. The LA is the legal duty-holder, not the school.
Where parents ask about this
Parents usually find this page with a draft EHCP open in another tab and 15 days to respond, or after a refusal letter has used the standard "we are unable to proceed with assessment at this time" wording, or at 11pm before an annual review tomorrow. Searches include "EHCP refusal next steps", "Section F not specific enough", and "annual review preparation checklist". A Beaakon SEND solicitor or EHCP-experienced advocate can read your draft or refusal within 24 hours, tell you whether you have grounds to appeal, and either draft your tribunal appeal or your working-document amendments, within the 15-day clock.
References
The primary legislation, statutory guidance, research, and clinical tools this page draws on.
- Children and Families Act 2014, sections 36, 37, 42, 51
- The Special Educational Needs and Disability Regulations 2014, regulation 12, regulation 13
- SEND Code of Practice (DfE / DoH 2015), chapter 9 (paragraphs 9.62–9.198)
- [L v Clarke and Somerset County Council [1998]: Section F specificity standard](https://www.ipsea.org.uk/l-v-clarke-and-somerset-county-council-1998-elr-129)
- [R v East Sussex CC, ex parte Tandy [1998]: duty to arrange provision](https://www.bailii.org/uk/cases/UKHL/1998/20.html)
- [Bromley LBC v SEND Tribunal [1999]](https://www.bailii.org/ew/cases/EWCA/Civ/1999/3038.html)