WHAT is an EHCP?
It stands for Education, Health and Care Plan. It is a legal document that describes your special educational needs, the support you require, and the goals you want to achieve. Unlike regular school support, an EHCP is a legal contract, once a specific support is written in the plan, the Council must provide and pay for it.
WHO needs an EHCP?
It is for children and young people (aged 0–25) who have a disability or learning need that requires more help than a standard school or college can provide on their own.
WHY do I need an EHCP?
You need it to protect your support. Without one, a school tries to help you; with one, the law forces them to help you. It also gives you the power to choose which college you go to and ensures that health and social care services work together for you.
HOW do I get an EHCP?
You, your parents, or your school must ask your Local Council for an EHC Needs Assessment. The Council will then collect reports from your teachers, doctors, and psychologists to decide if your needs are high enough to require a formal plan.
WHERE do I get an EHCP from?
It is issued by your Local Authority (the Council) in the area where you live. If you aren't sure who to talk to, ask your school’s SENCO or contact your local IASS (Information, Advice and Support Service).
WHAT benefits do I get from an EHCP?
Legal Protection: Your support cannot be taken away just because of budget cuts.
Funding: It can unlock money for 1-to-1 help, specialized equipment, or therapies.
Control: Once you are 16, you are the primary decision-maker for what goes into the plan.
Longevity: It can stay with you until you are 25 if you stay in education or training.
CAN I get rid of an EHCP?
Yes. If you feel you no longer need the extra support, or if you move into a job that doesn't include formal training, the plan can be "ceased" (ended). This usually happens during an Annual Review meeting where you and the Council agree the plan has done its job.
WHEN do things change for me?
At Age 13 (Year 9): Your annual reviews must legally focus on Preparing for Adulthood (jobs, living independently, and health).
At Age 16: You move into the decision-maker role. The legal right to make decisions about your education moves from your parents to you.
HOW do I know if I have Mental Capacity?
The law assumes you can make your own decisions at 16. You have "capacity" if you can:
Understand the choice you are making.
Remember the info long enough to decide.
Weigh up the pros and cons.
Communicate your decision (by talking, signing, or using a device).
Specific situations: your rights in focus
If you are at a special needs school: The EHCP is your guarantee. It protects your place and ensures the Council funds the specific therapies (like speech, physio, or OT) that the school provides. If you want to move to a mainstream college later, your EHCP must be updated to ensure that same level of support follows you.
If you are homeless or have no fixed address: Your right to an EHCP does not depend on having a permanent home. The Council where you are currently living (even if it's in temporary housing or a hostel) is legally responsible for your SEND support. They must ensure your education continues and that you aren't "fobbed off" just because you are moving between areas.
If you are a migrant or asylum seeker: All children and young people in the UK have a right to education, regardless of their immigration status. If you have a learning need or disability, you are entitled to a full EHC needs assessment. The Council cannot refuse to assess you based on your nationality or how long you've been in the country.
If you are in foster care (looked after): You have double protection, you should have a Personal Education Plan (PEP) as well as an EHCP. The Council must make sure these two documents work together, your Social Worker is responsible for making sure you don't fall behind and that your EHCP is reviewed every year, no matter where you are living.
If you are a youth offender: If you go into custody (like a YOIs or Secure Training Centre), your EHCP is put on ice. While you are inside, the person in charge must make sure you still get support similar to what’s in your plan. Most importantly, the Council must restart and review your plan before you are released so that your college place or support is ready for you the day you come out.
If you are in Hospital: Being in the hospital does not mean your education or your EHCP stops. The Council remains responsible for your education while you are an inpatient. If you are there for a long time, the Council must arrange alternative education (like a hospital school) to make sure you don't fall behind. Your EHCP should be reviewed if your medical needs change how you learn.
WHERE can I go if no one is listening?
If your school or Council is ignoring your rights or missing deadlines, call Help at Hand (the Children’s Commissioner) at 0800 528 7314. They are a free service that helps young people with SEND fight for their voice to be heard.