EHCP Funding Guide

An Education, Health and Care Plan (EHCP) is the most powerful tool available to ensure your child receives the support they need. This guide walks you through every stage of the process, from making a request to securing funding and exercising your right to appeal.

What is an EHCP?

An Education, Health and Care Plan is a legal document for children and young people aged 0 to 25 who need more support than is available through SEN Support alone. It describes your child's special educational, health, and social care needs and sets out the additional help they must receive to meet those needs.

Unlike SEN Support, which relies on a school's own resources, an EHCP is legally binding. This means the local authority has a duty to ensure that the provision described in the plan is actually delivered and funded.

Key fact: EHCPs replaced the old Statement of Special Educational Needs and Learning Difficulty Assessments in 2014 under the Children and Families Act. If your child has an older Statement, it should have been transferred to an EHCP by now.

Who Can Apply?

A request for an EHC needs assessment can be made by:

You as the parent or carer of the child
The young person themselves if they are aged 16 to 25
The child's school, nursery, or other educational setting, with your knowledge
A health or social care professional involved with your child

You do not need anyone's permission to make a request. You can write directly to your local authority at any time, and they are legally required to respond.

Tip: Even if the school says your child does not need an EHCP, you still have the right to apply directly. Many successful EHCPs have been secured by parents who persisted after an initial refusal.

The Assessment Process

The EHCP process has clear stages with legal timescales. The whole process from your initial request to the final plan should take no more than 20 weeks.

Step 1: Request (Weeks 1-6)

You write to your local authority's SEN team asking them to carry out an EHC needs assessment. Include as much evidence as possible: school reports, professional assessments, letters from therapists or doctors, and your own written account of your child's difficulties.

The local authority has six weeks to decide whether to assess. They must consider whether your child may have SEN and whether they may need provision through an EHCP. If they refuse, they must give reasons and tell you how to appeal.

Step 2: Assessment (Weeks 6-16)

If the local authority agrees to assess, they will gather advice and information from a range of professionals. This typically includes an educational psychologist, your child's school, a health professional, a social care professional, and any other specialist relevant to your child's needs.

You will also be asked for your views, and your child's views should be sought too. This is your chance to describe in detail how your child's needs affect their daily life and learning.

Step 3: Draft Plan (Week 16)

If the local authority decides to issue an EHCP, they will send you a draft plan. You have 15 days to review it, comment on the content, and express a preference for your child's educational placement. This is a crucial stage: check every section carefully and make sure the provision is specific, detailed, and measurable.

Tip: Vague wording in an EHCP is your enemy. The plan should say exactly what support will be provided, how many hours, by whom, and how often. For example, it should say "2 hours per week of individual speech and language therapy delivered by a qualified speech and language therapist" rather than "access to speech and language therapy as needed."

Step 4: Final Plan (Week 20)

After considering your comments, the local authority issues the final EHCP. This is the legally binding document. From this point on, the local authority must ensure that everything described in Sections F (educational provision), G (health provision), and H (social care provision) is delivered.

What an EHCP Contains

Every EHCP is divided into lettered sections:

Section A: The views, interests, and aspirations of you and your child.
Section B: Your child's special educational needs.
Section C: Your child's health needs related to their SEN.
Section D: Your child's social care needs related to their SEN.
Section E: The outcomes sought for your child.
Section F: The special educational provision required (this section is legally enforceable).
Section G: Health provision (legally enforceable if specified as educational provision).
Section H: Social care provision.
Section I: The name and type of school or educational setting.
Section J: Personal budget details, if applicable.

Key fact: Section F is the most important section for day-to-day support. Everything listed here must be provided by law. If the local authority fails to deliver provision in Section F, you can take legal action.

How EHCP Funding Works

Understanding how EHCP funding flows is important because it affects how your child's support is paid for.

In mainstream schools, the first band of SEN funding (approximately the first £6,000 per year of additional support) comes from the school's own notional SEN budget. This is funding that the school receives as part of its general allocation and is expected to use for all children with SEN, whether or not they have an EHCP.

If your child has an EHCP and their needs cost more than £6,000 above the standard per-pupil funding, the local authority provides top-up funding to cover the additional cost. This top-up funding is paid directly to the school or educational setting named in Section I of the EHCP.

For children in special schools, alternative provision, or settings like Otio Academy, the local authority funds the full cost of the placement as specified in the EHCP.

Tip: If your child's EHCP names a specific provision such as Otio Academy, the local authority must fund that placement unless it would be unsuitable for the child, incompatible with the efficient education of other children, or an inefficient use of resources. These are the only grounds on which they can refuse.

Using EHCP Funding with Otio Academy

If your child has an EHCP and your local authority agrees to fund an alternative provision or EOTAS (Education Other Than at School) placement, you can name Otio Academy as your child's educational setting. Once named in Section I of the EHCP, the local authority funds the placement directly.

You simply choose from one of our subscription plans, and the local authority pays on your behalf. There is no cost to you.

If Otio Academy is not yet registered with your local authority, you can request a spot contract. This is an arrangement where the local authority agrees to fund a placement at a specific provider for an individual child, even if there is no existing framework agreement in place. Once the spot contract is requested, the local authority will reach out to us directly to arrange funding for your child's placement.

Tip: When requesting a spot contract, put it in writing to your SEN caseworker. Explain that Otio Academy is the most suitable provision for your child's needs and reference the specific outcomes in your child's EHCP that our curriculum supports. The local authority must consider your request and give reasons if they refuse.

Annual Reviews

Every EHCP must be reviewed at least once a year. The annual review is a meeting where you, your child's school, and relevant professionals come together to assess progress against the outcomes in the plan and decide whether the EHCP needs to be amended.

You should receive at least two weeks' notice of the annual review meeting. You can invite anyone you wish to attend, including an advocate or supporter. After the meeting, the local authority has four weeks to decide whether to maintain, amend, or cease the EHCP.

For children in Year 9 and above, the annual review must include a focus on preparing for adulthood, including plans for further education, employment, independent living, and community participation.

Your Right to Appeal

If you disagree with a decision made by your local authority, you have the right to appeal to the First-tier Tribunal (Special Educational Needs and Disability), commonly known as the SEND Tribunal. You can appeal if:

The local authority refuses to carry out an EHC needs assessment.
The local authority carries out an assessment but decides not to issue an EHCP.
You disagree with the content of the EHCP (Sections B, F, or I).
The local authority decides to cease your child's EHCP.
The local authority refuses to amend the EHCP following an annual review.

Before going to tribunal, you must first consider mediation, which is a less formal way of resolving disputes. However, you can request a mediation certificate without actually attending mediation, which allows you to proceed directly to tribunal.

Key fact: The majority of SEND Tribunal cases are decided in favour of the parent. This suggests that many local authority decisions are overturned when challenged. Do not be discouraged from appealing if you believe the decision is wrong.

Tips for a Strong Application

A well-prepared application significantly increases your chances of securing an EHCP. Here are practical steps you can take:

Gather evidence early. Collect school reports, assessment results, letters from professionals, and any documentation showing your child's difficulties. The more evidence you have, the stronger your case.
Get independent assessments. If you can afford it, consider getting a private educational psychologist's report. Independent evidence carries significant weight and can highlight needs that school-based assessments miss.
Write a detailed parental statement. Your account of your child's daily struggles is powerful evidence. Describe specific examples of how their needs affect their learning, social life, and emotional wellbeing.
Be specific about what your child needs. Do not just describe the problems; explain what support would help and why.
Use the four areas of need. Structure your evidence around the four areas described in the SEND Code of Practice to show you understand the framework.
Keep copies of everything. Send all correspondence by email or recorded delivery so you have proof of what was sent and when.
Contact your local IASS. They can review your application before you submit it and advise on how to strengthen it.

Tip: Many parents find it helpful to join online support groups where other families share their experiences of the EHCP process. Organisations such as IPSEA and SOS!SEN also provide free legal advice and guidance.

Downloadable Templates

We have prepared free letter templates and checklists to help you through the EHCP process. Download, fill in your details, and send.