EHC plans in England: 20 weeks, 16 weeks for an answer, 2 months to appeal

If an ordinary level of school support is not enough for a child in England, the family can ask the local council for a formal document: an education, health and care plan, or EHC plan. It sets out the child's educational, health and social needs and the support that must be provided to meet them. The law gives the council 20 weeks to finish the job.

What is an EHC plan, and who can have one?

An EHC plan is for children and young people up to the age of 25 who need more support than is available through ordinary SEN support. The plan does not replace a school: it identifies needs and sets out the additional support that must be put in place.

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SEN support is what the school itself arranges: a special learning programme, extra help from a teacher or assistant, work in a smaller group, observation in class or at break, help with physical or personal care. The conversation starts with the teacher or the special educational needs co-ordinator, the SENCO. For children under 5 the system includes a written progress check at age 2, a health visitor check between 2 and 3, and a written assessment in the summer term of the first year of primary school.

Who can ask for an assessment?

A parent can ask the local authority to carry out an assessment. A young person aged 16 to 25 can request one themselves. So can anyone else who thinks an assessment may be necessary — a doctor, a health visitor, a teacher, a parent, a family friend.

If the authority agrees to assess, it may ask for reports from the school, nursery or childminder, doctors' assessments of the child, and a letter from the parents about the child's needs.

What deadlines does the council have to meet?

The local authority must tell you within 16 weeks whether an EHC plan is going to be made. It then sends the family a draft plan, and you have at least 15 days to comment — including to ask for a specialist school or specialist college. The final EHC plan must be issued within 20 weeks of the date the authority received the request for the assessment.

What if the council says no?

You can challenge a refusal to assess, a refusal to make a plan, the special educational support set out in the plan, and the school named in it. First try to resolve it with the local authority. If that fails, you appeal to the SEND Tribunal — the First-tier Tribunal, Special Educational Needs and Disability.

In most cases you must consider mediation before appealing. Mediation is confidential and usually quicker than the tribunal, and at the end you are given a mediation certificate, which you need in order to appeal. Even if you do not want mediation, you still have to contact the mediation service for the certificate; without one you have to tell the tribunal why. The one exception is an appeal only about which school or institution the child should attend — Section I of the plan — where mediation is not required.

How long do you have to appeal?

The tribunal must receive the appeal within 2 months of the date on the local authority's decision letter, or within a month of the date of the mediation certificate, whichever is later. You can appeal online; by post or email you use form SEND35. You cannot appeal online if the child is in custody or the local authority has not carried out an assessment.

What happens at the hearing?

The hearing is held by video link or at a venue within two hours of your home. You get the case documents at least 10 days beforehand. If the date or venue changes, you are told at least 48 hours before it starts. You do not have to attend, but if you do you can ask questions and present the case yourself. A judge and one or two other tribunal members usually sit, with a clerk, a representative of the local authority and expert witnesses. You can ask for an interpreter: they translate what happens, but cannot represent you or give legal advice.

What must the council do if you win?

The deadlines are fixed. Start an assessment or reassessment: within 2 weeks. Make an EHC plan: within 5 weeks. Change the needs or provision in sections B or F: within 5 weeks. Change the school or placement in section I: within 2 weeks. Continue a plan, or cancel one: immediately. If the authority does not act on the decision, you can complain to the Local Government Ombudsman.

Where can you get free help?

Check whether you qualify for legal aid. Free advice is available from Independent Parental Special Education Advice (IPSEA) and from your local Information, Advice and Support Services (IASS). The SEND Tribunal's line for questions about applying is 0300 303 5857, Monday to Friday, 9am to 5pm, closed on bank holidays.

The process is different in Wales, Scotland and Northern Ireland.