EHCP Frequently Asked Questions
We know that navigating the EHCP process can sometimes feel overwhelming, and families often have lots of questions about assessments, timescales, annual reviews, placements and the support available for their child or young person. Feedback from parent carers has highlighted the importance of having clear, accessible information and knowing where to go for help when it's needed.
To support families, we have compiled answers to some of the most frequently asked questions about Education, Health and Care Plans (EHCPs) in Cumberland. Whether you are considering requesting an EHC needs assessment, already have an EHCP in place, or would simply like to understand more about the process, we hope you find this information helpful. If you cannot find the answer you are looking for, further support is available through the SEND Local Offer and SEND Information, Advice and Support Service (SENDIASS).
What is an EHCP?
An Education, Health and Care Plan (EHCP) is a legal document for children and young people aged 0-25 with special educational needs and disabilities (SEND) who require support beyond what is normally available through SEN Support. It sets out their needs, outcomes, and the provision that must be put in place.
What is included in an EHCP?
An EHCP contains information about:
- The child or young person's views, wishes and aspirations
- Their special educational needs
- Health and social care needs related to SEND
- Outcomes they are working towards
- The provision required to meet those needs
- The educational placement named in the plan
Our parent/ carer forum has produced a resource summarising each section of the EHCP and what it contains. You can view this here.
Does my child need a diagnosis to get an EHCP?
No. A child does not need a diagnosis of autism, ADHD, dyslexia or any other condition before an EHC needs assessment can be requested.
Decisions are based on the child or young person's needs and the support required.
Does a diagnosis mean my child needs an EHCP?
A diagnosis does not mean a child will necessarily need an EHCP, or be automatically given one. Some children may have a diagnosis but have their needs met at SEN Support level. Decisions will always be made based on the child or young person’s needs and the support required.
Who can request an EHC needs assessment?
The following people can make an EHC needs assessment request:
- The young person themselves, if aged between 16-25
- The child/ young person’s parent/carer
- The child/ young person’s school, college or education setting
You do not need a school to make the request on your behalf, however it can be helpful to have the school leading or supporting the request to provide evidence.
You can find out more about EHCP needs assessment requests on our page.
How long does the EHCP process take?
The legal timescale from requesting an EHC needs assessment to receiving a final EHCP is generally 20 weeks. You can find out more about this timeline here.
What evidence do I need?
It is helpful to provide information about your child’s strengths, needs, the support they have already received, reports from professionals, and examples of how their needs affect everyday life and learning. You can find out more about what evidence should be provided here.
What happens if the local authority decides not to assess?
You will receive a written explanation of the decision and information about your right to mediation and appeal. You can learn more about mediation and appeals here.
What if an assessment is completed but an EHCP is not issued?
The local authority may decide that the child's needs can be met through SEN Support without an EHCP. This will be communicated to you via letter following the end of the assessment. Parents and young people have rights to challenge this decision. You can learn more about mediation and appeals here.
Who is responsible for making sure the support in the EHCP is provided?
The local authority has a legal duty to ensure that the educational provision specified in the EHCP is delivered.
What should I do if the support in the EHCP is not being delivered?
Speak to your child's school or setting first. If concerns remain, contact your EHCP Coordinator or local SEND team. Independent advice can also be sought through SENDIASS.
When does an EHCP end?
An EHCP can remain in place until a young person reaches age 25 if they continue in education or training and still require the support set out in the plan. Following an Annual Review, it may be jointly decided that the EHCP is no longer needed, and the child/ young person is making sufficient progress. This is usually referred to as ‘cease to maintain.’
An EHCP will also end if a child or young person completes an apprenticeship, supported internship, a Level 3 course, or 3 A Levels. If an apprenticeship is directly funded through an employer, the plan will also cease, as the young person would be considered employed.
EHCPs do not cover higher education, such as university. Young people pursuing higher education, at university or elsewhere, can speak directly to their course provider’s disability/ inclusion team, as well as seek any reasonable adjustments that would be permitted under the Equality Act 2014.
Can I choose my child’s school?
Parents can express a preference for a school or setting. The local authority must consider this preference, but the preferred placement cannot always be guaranteed. This includes a preference for specialist or resourced provision placements.
The Local Authority must consult with local schools before naming a school on a child’s EHCP. This consultation process includes reviewing the child’s needs, the safety and suitability of schools in the local area, and their capacity to ensure they have the space and resources to support the child effectively. The Local Authority must consider all options available, as well as the preferences of the child/ young person and their family, to ensure the process is fair.
Please note that if you have a preference for a specific school to be named, but there is another suitable school closer to where you live, transport may not be provided.
Will transport be provided?
Transport is considered separately from the EHCP. Eligibility depends on individual circumstances and local transport policies. Where a placement is based on parental preference rather than the nearest suitable placement, transport may not be provided.
All transport requests must go through the portal – please note the statutory SEND Team do not oversee this process. Apply for school transport | Cumberland Council