Explain

EHCP words and rules, explained

Plain explanations of the words you meet in EHC needs assessments and plans. Each one says where it comes from in the law.

Sections of an EHC plan

• Section A (views, interests and aspirations)Section A sets out the views, interests and hopes for the future of the child and their parents, or of the young person.
• Section B (special educational needs)Section B lists all of the child or young person's special educational needs.
• Section C (health care needs)Section C sets out the child or young person's health care needs that relate to their special educational needs, such as a medical condition that affects their learning.
• Section D (social care needs)Section D sets out the child or young person's social care needs that relate to their special educational needs or to a disability.
• Section E (outcomes)Section E sets out the outcomes: the difference the help in the plan should make for the child or young person.
• Section F (special educational provision)Section F sets out the special educational provision: the help the child or young person must get to meet each need in Section B.
• Section G (health care provision)Section G sets out the health care provision the child or young person needs because of the learning difficulties or disabilities that cause their special educational needs.
• Section H1 (social care under the 1970 Act)Section H1 sets out social care that the council must provide for a disabled child under 18 under section 2 of the Chronically Sick and Disabled Persons Act 1970.
• Section H2 (other social care)Section H2 sets out any other social care provision the child or young person reasonably needs because of their learning difficulties or disabilities.
• Section I (school, college or other placement)Section I names the school, college or other institution the child or young person will attend, and says what type it is.
• Section J (personal budget)The Code of Practice says the plan must include the details of any personal budget, including any direct payments, and that they should be set out in Section J.
• Section K (advice and information)Section K is the advice and information gathered during the EHC needs assessment.
• The sections of an EHC plan (A to K)The Regulations say what an EHC plan must set out in Sections A to I, each one separately identified, with the advice attached as Section K.

Steps and processes

• Advice and information for an assessment (regulation 6)During an EHC needs assessment, the council must seek advice and information from several people.
• Amending a planThe council can change (amend) an EHC plan after a review, or at any other time.
• Annual reviewThe council must review an EHC plan at least once every 12 months.
• Bringing a child to the council's attentionAnyone can tell the council about a child or young person in its area who has, or may have, special educational needs.
• Ceasing (ending) a planThe council can stop maintaining (cease) a plan only if it is no longer responsible for the child or young person, or decides the plan is no longer necessary.
• Draft EHC planBefore making a final EHC plan, the council must send a draft to the parent or young person.
• Early reviewThe 12-month rule sets the latest date for a review, not the earliest.
• EHC needs assessmentAn EHC needs assessment is when the council gathers advice about a child or young person's education, health and care needs, to decide whether they need an EHC plan.
• Final EHC planThe final EHC plan is the version the council issues after the comment period.
• Moving to another council areaA child or young person with a plan may move to another council area in England.
• SEN support (help without an EHC plan)SEN support is the help a school, college or nursery gives a child or young person with special educational needs who does not have an EHC plan.
• Working document (tribunal appeals)In an appeal about the contents of a plan, the tribunal expects the parties to prepare a working document.

People and organisations

• Designated clinical or medical officer (DCO or DMO)A designated clinical officer (DCO), or designated medical officer (DMO), is a health professional.
• Educational psychologist (EP)An educational psychologist (EP) is an expert in how children and young people learn and develop.
• Integrated care board (ICB)An integrated care board (ICB) is the NHS body that plans and pays for most local health services.
• Looked-after children and the virtual schoolA looked-after child is a child in the care of a council, or provided with accommodation by it.
• SENCO (special educational needs co-ordinator)A SENCO is the member of staff who co-ordinates help for pupils with special educational needs in a school.
• SENDIASS (information, advice and support service)Every council must arrange for children, young people and parents to get information and advice about special educational needs and disability.
• The council (local authority)In Plenda, "the council" means the local authority in England that is responsible for the child or young person.
• Who counts as a parent, and corporate parentsFor these rights, "parent" means more than a birth parent.
• Young person (and when the rights move to them)In the Act, a young person is someone over compulsory school age and under 25.

Rights

• Asking for an EHC needs assessmentA parent, a young person, or someone acting for a school or college has the right to ask the council for an EHC needs assessment.
• Decision letters and appeal rights informationFor most decisions that can be appealed, the council's letter must tell the parent or young person about the right to appeal, the time limit and mediation.
• Decisions that can be appealed to the SEND TribunalA parent or young person has the right to appeal to the SEND Tribunal against these decisions.
• Direct paymentA direct payment is money the council pays to the parent or young person so they can arrange some of the provision in the plan themselves.
• Educational recordA parent of a pupil at a council-maintained school (other than a nursery school) or a non-maintained special school has a separate right to see their child's educational record.
• Elective home educationParents can choose to educate their child at home.
• Freedom of information requestAnyone can ask a public body, such as a council, for information it holds.
• Local OfferEvery council must publish a Local Offer.
• Mental capacity and representativesA young person is presumed to have the mental capacity to make their own decisions unless it is shown that they cannot.
• Naming a school or college in the planWhen a draft plan or proposed amendments are sent, the parent or young person has a right.
• Personal budgetA personal budget is an amount of money the council sets aside for some of the help in an EHC plan.
• Re-assessmentA re-assessment is a fresh EHC needs assessment for a child or young person who already has a plan.
• Subject access request (getting personal records)Everyone has the right to ask an organisation, such as a council or school, for a copy of the personal information it holds about them.
• The presumption of mainstream education (section 33)This applies when a plan is for education at a school or college, and no particular one is asked for or the one asked for is not named.
• Views, wishes and feelings (Children and Families Act 2014, section 19)Whenever the council uses its powers or duties about special educational needs, it must have regard to certain views.

Ways to challenge

• Complaint to the Secretary of State for EducationThe Secretary of State for Education has powers to step in about a council or the governing body of a maintained school.
• Disability discrimination claim against a schoolA parent, or in some cases the pupil, can make a claim to the SEND Tribunal that a school has discriminated against a disabled pupil.
• Disagreement resolution serviceEvery council must arrange a disagreement resolution service, run by people who are independent of the council.
• Health and social care recommendations (extended appeals)In most SEND Tribunal appeals, the tribunal can also make recommendations about health and social care needs and provision (Sections C, D, G, H1 and H2).
• Judicial reviewJudicial review is a claim in the High Court about a public body, such as a council.
• Local Government and Social Care Ombudsman (LGSCO)The Local Government and Social Care Ombudsman investigates complaints about councils, including delay in assessments and reviews, provision in a plan not being secured, and social care.
• MediationMediation is a meeting with an independent mediator to try to reach agreement with the council and any health body involved.
• Mediation adviser and mediation certificateBefore most appeals, the parent or young person must contact the mediation adviser named in the decision letter within 2 months of the date it was sent.
• Parliamentary and Health Service Ombudsman (PHSO)The Parliamentary and Health Service Ombudsman investigates complaints about NHS services in England, including integrated care boards and NHS trusts.
• Pre-action letter (before judicial review)A pre-action letter is a formal letter sent to a public body before starting a judicial review claim.
• SEND Tribunal (First-tier Tribunal)The SEND Tribunal is the First-tier Tribunal (Special Educational Needs and Disability).

Laws and legal ideas

• Asking for a school, and the exceptions (section 39(4))If the parent or young person asks in time for a school or college of a kind listed in the Act, the council must name it.
• Coronavirus changes to EHC law in 2020 (expired)Temporary rules from 1 May 2020 until they expired on 25 September 2020 let councils and others take longer than some EHC time limits.
• Education for children out of school (Education Act 1996, section 19)Some children of compulsory school age are out of school, for example because of illness or exclusion.
• Education otherwise than at school (EOTAS, section 61)The council may arrange some or all of a child or young person's special educational provision somewhere other than a school or college.
• EHC plan (education, health and care plan)An education, health and care (EHC) plan is a legal document for a child or young person with special educational needs, from birth up to age 25.
• Health or social care that educates or trains (section 21(5))Health care or social care that educates or trains a child or young person is treated as special educational provision.
• Higher education, paid work or an apprenticeshipA plan can end only if it is no longer needed or the council is no longer responsible.
• Parents' wishes and public spending (Education Act 1996, section 9)Section 9 of the Education Act 1996 sets a general principle.
• Plans for young people aged 19 to 25A plan can continue past 19, until the end of the academic year in which the young person turns 25.
• Preparing for adulthoodFrom Year 9 onwards, an EHC plan must include help to get the child or young person ready for adult life and living as independently as they can.
• SEND Code of PracticeThe SEND Code of Practice: 0 to 25 years (January 2015) is statutory guidance on the law about special educational needs and disability.
• SEND reforms 2026 (proposals, not law)In February 2026 the government published proposals to change the SEND system: a Schools White Paper and a consultation on SEND reform.
• Social care in an EHC plan (Sections D, H1 and H2)Social care in an EHC plan is support from the council's social care services.
• Special educational needs (SEN)In the law, a child or young person has special educational needs (SEN) if they have a learning difficulty or disability that calls for special help with learning.
• Special educational provisionSpecial educational provision is the extra or different help with learning that a child or young person needs.
• Specific and quantified provisionThe Code of Practice says provision in Section F must be detailed and specific, and should normally be quantified.
• The council's duty to secure the provision (section 42)Once a plan is in place, the Act gives the council a duty to secure the special educational provision in Section F.
• The legal test for an EHC needs assessment (section 36(8))The council must carry out an EHC needs assessment if two things are true.
• The legal test for issuing an EHC plan (section 37(1))After an EHC needs assessment, the council must decide whether to make an EHC plan.
• The section 41 list (approved independent schools and colleges)The Secretary of State can approve independent special schools and specialist post-16 colleges under section 41 of the Children and Families Act 2014, with their consent.
• Who can see an EHC plan (disclosure of plans)The council must not disclose an EHC plan without the consent of the child or young person, except for purposes the Regulations list.
• Year 9Year 9 (age 13 to 14) is a legal turning point.

Time limits

• Exceptions to the time limitsThe Regulations list a few situations where a fixed time limit need not be met, because meeting it is impractical.
• Moving between school phases (phase transfer)A child or young person with a plan may move to the next phase of education within 12 months.
• The 15-day period to comment on a draft planWhen the council sends a draft plan or proposed amendments, the parent or young person must be given at least 15 days.
• The time limit to appealAn appeal must reach the SEND Tribunal by 5pm on the last day: 2 months after the council sent its decision letter.
• Time limits for assessments and plans (6, 16 and 20 weeks)The main time limits for an EHC needs assessment all count from the day the council receives the request, or becomes responsible.
• Tribunal orders and the time limits to follow themWhen the SEND Tribunal orders the council to act, the Regulations set time limits from the date of the order.
• Unopposed appeal (the council stops opposing)Sometimes the council tells the tribunal, before it sends its response and before the time for its response runs out, that it will not oppose the appeal.
• When a letter counts as sent, served or receivedDifferent time limits count from different days: when a letter was sent, when it was served, or when a request was received.
• When the next annual review is dueAfter the first review, the next one must happen within the 12 months starting with the date the plan was "last reviewed".
• Working daysA working day is any day except a Saturday, Sunday, Christmas Day, Good Friday or bank holiday.

Other words

• "Ordinarily available provision""Ordinarily available provision" is a phrase many councils use for the help they expect mainstream schools to give without an EHC plan.
• Bands, top-up and fundingMany councils use bands or top-up amounts to decide how much money a school gets for a pupil with an EHC plan.
• Golden thread (needs, outcomes and provision)"Golden thread" is not a legal term.
• Independent and non-maintained special schoolsA non-maintained special school is a special school run on a not-for-profit basis and approved by the Secretary of State.
• OutcomesAn outcome is the benefit or difference that help should make for a child or young person.
• School transportThe council decides on free travel to school under the Education Act 1996.
• Suspensions and exclusionsA head teacher can suspend a pupil for a fixed period or permanently exclude them.
• Wales, Scotland and Northern IrelandEHC plans and the rules here apply only in England.

Proposed changes (not law yet)

• SEND reform proposals (February 2026)The government has proposed changes to the SEND system in England, in a Schools White Paper and a consultation published in February 2026. The consultation closed in May 2026. On 30 September 2026, nothing in them had changed EHC plans, assessments, time limits, mediation or tribunal appeals. Proposals are not law: the law in force today continues to apply until new law is made and comes into force.