EHCP law in plain English: the questions I want parents to be able to ask
Updated: Oct 11
Being a parent alongside working in care shapes the questions I ask. When families are handed unfamiliar terms and long documents, I want the next step to be understandable and the child's needs to stay visible.
Understand the assessment threshold, key stages and the difference between needs, provision and outcomes. Use the included record sheet to organise questions and dates.
This guide is for parents, carers and education staff navigating the English SEND system.
1. Understand what the assessment test asks
An education, health and care needs assessment is a local authority process in England. Under section 36(8) of the Children and Families Act 2014, the authority must secure an assessment where the child or young person has or may have special educational needs and it may be necessary for special educational provision to be made through an EHC plan. This is an assessment threshold, not a requirement to prove at the outset that a plan will definitely be issued. A diagnosis is not a universal prerequisite.
2. Make a clear request and keep the dates
Parents, a young person and relevant education settings can request an assessment. Explain the needs, their impact on learning and participation, the support already offered and why assessment may be necessary. Include the child's or young person's views and relevant reports where available. Keep the request and acknowledgement. A local form can help organise information but a request should not be reduced to a paperwork contest. Check the authority's published route and ask for a dated acknowledgement.
3. Follow the stages and key time limits
The decision whether to assess is normally due within six weeks of the request. Where the process results in a final plan, the usual overall limit is 20 weeks from the request, subject to statutory exceptions. The draft-plan stage allows at least 15 days for comments and school or placement requests. Record the relevant deadline, what arrived and any explanation for delay. These are different stages: agreeing to assess does not automatically mean a plan will be issued.
4. Read the plan as a chain
Check that identified special educational needs in Section B connect to special educational provision in Section F and meaningful outcomes in Section E. Ask what support will happen, how often, for how long, by whom and with what expertise. Vague phrases can make delivery difficult to check. Section 42 places the duty to secure the specified special educational provision on the local authority, subject to the statutory position and exceptions. An attractive outcome does not replace the provision needed to work towards it.
5. Respond to decisions with the right help
Read any refusal or final-plan letter carefully for reasons, mediation information, appeal rights and deadlines. Different decisions have different routes, so get timely advice from your local SEND Information, Advice and Support Service or a qualified adviser. Keep a chronological record and copies of correspondence. This guide gives general information for England as checked on 18 September 2026; it does not assess the merits or deadlines of an individual case.
A practical question to ask
Must a child first have a medical diagnosis before an EHC needs assessment can be considered?
No. The statutory test concerns special educational needs and whether provision through an EHC plan may be necessary. Describe needs and impact clearly; a diagnosis can be relevant evidence but is not a universal gate.
Turn the guidance into a working checklist
Pick one relevant issue today. Record the evidence you have, the gap to resolve, who will act and when you will check progress. These are useful starting points:
• The child's or young person's views are included.
• Needs and their impact are described with concrete examples.
• The request and acknowledgement dates are recorded.
• Decision, draft and final-plan stages are kept distinct.
• Section B needs link to clear Section F provision.
• Outcome wording does not substitute for actual support.
• Decision letters and relevant advice are saved.
• Any appeal or response deadline is checked promptly.
Free guide and next steps
The free PDF includes these lessons, a printable checklist, a working record and a reflection question. Use it to organise evidence and make your next conversation more focused.
If you would like help deciding where to start, book a free 30-minute consultation. We can discuss your setting, your questions and the support that may help.
Sources and scope
Reviewed 18 September 2026. General educational information for England, not an individual legal, immigration or clinical assessment. Follow the current official guidance and seek the appropriate professional advice for your circumstances.
Useful resources for this topic
If you would like a practical record to use alongside this article, the resources below explain their scope, format and price. Choose only the material that fits your circumstances; a completed template is a starting point for action and review.
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