An Education, Health and Care Plan is a legally binding document issued under Part 3 of the Children and Families Act 2014 which sets out a child or young person's special educational needs and the provision required to meet them.

Can I apply for an EHCP without the school?

Yes. Parents have the legal right under Section 36 of the Children and Families Act 2014 to request an Education, Health and Care Needs Assessment directly from the local authority.

What happens if the local authority refuses to assess?

If a local authority refuses to conduct an assessment, parents have the right to appeal to the First-tier Tribunal (Special Educational Needs and Disability). This is commonly referred to as a SEND35A appeal.

How long does the EHCP process take?

The statutory maximum timeframe from initial request to final EHCP is 20 weeks, although delays can occur in practice.

Is Section F legally enforceable?

Yes. Under Section 42(2) of the Children and Families Act 2014, local authorities must secure the special educational provision specified in Section F of an EHCP.

Do I need a solicitor for SEND Tribunal?

Legal representation is not mandatory at SEND Tribunal. Many families attend without a solicitor, as the Tribunal is designed to be accessible to parents. What is important is structured SEND and EHCP experience aligned with statutory duties under the Children and Families Act 2014.

Can you attend the tribunal hearing with me?

We provide structured advocacy and preparation support. Attendance at the hearing depends on case complexity and availability. Our primary focus is ensuring you are fully prepared and confident in presenting your case.

What if I am appealing Sections B and F?

Appeals relating to Sections B and F focus on whether needs are accurately identified and whether provision is specific and enforceable. Under Section 42 of the Children and Families Act 2014, local authorities must secure the provision specified in Section F.

How long does tribunal preparation take?

Preparation timescales depend on hearing dates and tribunal directions. Early instruction allows for detailed evidence review and structured appeal preparation.

What if I am already mid-appeal?

We can step in at various stages of the appeal process to review documentation, identify evidential gaps and strengthen written submissions before hearing.

The Complete Guide to EHCP Applications & Appeals (2026 Parent Guide)

If you’re here, something probably isn’t working.

Maybe your child is struggling despite support.

Maybe you’ve been told to “wait and see.”

Maybe the local authority has refused to assess.

Or maybe you’ve received a draft EHCP that simply doesn’t reflect your child.

The Education, Health and Care Plan (EHCP) process can feel technical and intimidating. It involves legal duties, strict deadlines and formal appeal rights. But at its core, it exists for one reason: to ensure children and young people with special educational needs and disabilities (SEND) receive the provision they require.

This guide explains the EHCP process clearly and calmly - from first request through to tribunal - so you understand your rights and your options at every stage.

Little Nellies focuses exclusively on EHCP and SEND advocacy. This is what we do.

The Legal Framework: Why EHCPs Matter

EHCPs are not discretionary support plans. They are created under law.

The key legislation is the Children and Families Act 2014, particularly Part 3. This Act introduced EHCPs to replace Statements of SEN.

Under Section 36, parents have the right to request an Education, Health and Care Needs Assessment (EHCNA).

Under Section 37, the local authority must issue a plan if it is necessary for special educational provision to be made through one.

Under Section 42, the authority has a legal duty to secure the special educational provision specified in Section F of the plan.

That duty is enforceable.

The process is further governed by:

The Special Educational Needs and Disability Regulations 2014
The SEND Code of Practice (2015)

Local authorities must follow this framework. When families challenge decisions, they are asking the authority to comply with statutory duties - not requesting a favour.

Stage 1: Requesting an EHC Needs Assessment

You do not need the school’s permission to apply for an assessment.

If your child may have special educational needs and it may be necessary for provision to be made through an EHCP, you can request an assessment directly from the local authority.

The legal threshold is intentionally low. The wording “may have” and “may be necessary” is important. It does not require proof at this stage - only reasonable possibility.

Parents often apply when:

School-based SEN Support is not enough
Progress has stalled significantly
Behaviour reflects unmet needs
There are complex diagnoses
Support levels vary dramatically between settings

Once submitted, the authority has six weeks to decide whether to assess.

Stage 2: The Six-Week Decision

Within six weeks, the authority must issue a formal decision.

If they refuse, they must explain why and inform you of your right to mediation and appeal.

Refusal letters often cite reasons such as “needs can be met at SEN Support” or “insufficient evidence.”

However, the legal test is not whether some support exists - it is whether a statutory plan may be necessary to secure appropriate provision.

If refused, you have the right to appeal to the SEND Tribunal. This is commonly referred to as a SEND35A appeal.

Stage 3: The Assessment Process

If the authority agrees to assess, they must seek advice from:

An educational psychologist
Medical professionals
Social care (where appropriate)
The school
The parents
Any other professional reasonably requested

These requirements are set out in Regulation 6 of the SEND Regulations 2014.

The quality of professional advice matters enormously. Weak or vague reports often lead to weak plans. Detailed and quantified recommendations create enforceable provision.

This stage shapes everything that follows.

Stage 4: The Draft EHCP — Understanding What You’re Reading

If the authority decides to issue a plan, you will receive a draft EHCP.

This document is divided into Sections A–K.

Section B describes your child’s special educational needs.

Section F describes the special educational provision required to meet those needs.

Section I names the school.

Section F is the most important part. Under Section 42 of the Children and Families Act, the authority must secure this provision.

Provision must be specific and quantified. Words like “access to”, “regular”, or “opportunities for” are legally weak. Good plans state hours, frequency, staffing ratios and delivery methods clearly.

Parents have 15 calendar days to comment on the draft and request amendments, including naming a preferred school.

This window is short - and crucial.

Stage 5: The Final EHCP and Your Right to Appeal

Once the plan is finalised, you may appeal if:

The authority refuses to issue a plan
You disagree with Sections B or F
You disagree with the named school
The authority refuses to amend the plan after review

Appeals are heard by the First-tier Tribunal (Special Educational Needs and Disability).

Stage 6: Mediation

Before you can lodge most SEND appeals, you must contact a mediation adviser and obtain a mediation certificate.

This is a legal requirement.

It does not mean you must attend mediation.

It means you must consider it.

The mediation adviser will explain the process and issue a certificate confirming that mediation has been discussed.

At that point, you can decide:

To take part in mediation
or
To proceed directly to tribunal

Mediation can sometimes resolve disputes more quickly. For some families, it provides an opportunity to clarify misunderstandings or narrow the issues in dispute.

However, it does not replace your right of appeal.

If agreement is not reached, you retain full access to the SEND Tribunal.

Stage 7: The SEND Tribunal

If mediation does not resolve the disagreement - or if you choose not to participate - the next step is the SEND Tribunal.

The First-tier Tribunal (Special Educational Needs and Disability) is independent of the local authority.

Its role is to determine whether the authority has complied with its legal duties under the Children and Families Act 2014.

Tribunal is not about confrontation.

It is a structured legal process focused on evidence.

Panels usually consist of:

A legally qualified judge
A specialist member with educational expertise

The tribunal considers:

Whether needs are accurately described
Whether provision is appropriate and clearly specified
Whether the named placement is suitable

It does not consider local authority budgets.

Most cases are decided primarily on written evidence, supported by oral clarification where necessary.

Timescales and Delay

From initial request to final plan, the statutory maximum timeframe is 20 weeks.

In practice, delays are common.

Failure to meet statutory timescales may form part of a formal complaint or, in serious cases, judicial review.

While minor delay does not automatically invalidate a plan, systemic delay may indicate maladministration.

Understanding timeframes helps families recognise when statutory duties are not being met.

Annual Reviews and Ongoing Duties

An EHCP must be reviewed at least annually.

During review, the authority must consider whether the plan remains appropriate. If amendments are required, a formal amendment process begins, triggering fresh appeal rights.

For young people aged 16–25, the authority must consider preparing for adulthood - including education, employment, independent living and community participation.

EHCPs can continue until age 25 if educational outcomes remain appropriate.

Common Local Authority Failures

Across England and Wales, families often report similar issues:

Unlawful refusals to assess.
Vague draft wording.
Failure to quantify therapy provision.
Delays beyond statutory deadlines.
Naming placements unable to meet need.

Recognising these patterns can reduce the sense of isolation many families feel.

Evidence: The Difference Between Frustration and Success

Emotional arguments rarely persuade tribunals. Evidence does.

Strong cases often include:

Independent educational psychology reports.
Speech and language assessments.
Occupational therapy recommendations.
School progress data.
Behaviour records.
Medical letters.

Professionals relaxed speaking to SEND parents

Do You Need Professional Support?

Some parents do choose to manage the EHCP process independently, and in straightforward cases that can work well. However, support can be particularly helpful if you’re feeling overwhelmed, if the local authority is resistant, if your child’s needs are complex, or if multiple professionals are involved and the paperwork becomes difficult to coordinate.

Tribunal proceedings can also feel intimidating without guidance. Professional advocacy helps ensure deadlines are met, evidence is clearly structured, and arguments are aligned with SEND law, while also reducing the emotional strain that often comes with challenging decisions. Little Nellies offers fixed-fee, stage-specific support so families can access exactly the level of help they need - no more, no less.

Frequently Asked Questions

Most EHCP appeals take around 20–30 weeks from the date the appeal is registered with the SEND Tribunal to the final hearing.

The timeline depends on:

The type of appeal (refusal to assess, refusal to issue, or disagreement with Sections B, F or I)

Whether mediation resolves the issue early

Whether the Local Authority concedes before hearing

Tribunal availability in your region
Yes. You can appeal specific sections.
You may request an extension, but it is discretionary.
National statistics consistently show high parent success rates when cases proceed to hearing.