EHCPs: what they are and what they mean for SEN in UK schools

Written By Stephanie Connolly

If you work in, with, or around a school in England, you’ll know have heard of an EHCP. Demand is rising fast, timelines are slipping, and reforms are on the horizon. Here is recent research for leaders, SENCOs, teachers and parents/caregivers.

What is an EHCP legally?

An Education, Health and Care Plan (EHCP) is a statutory document for children and young people aged 0–25 whose needs cannot be met from ordinarily available provision (i.e., SEN Support). It sets out needs, outcomes and the specific, quantified provision required across education (and where applicable, health and social care). The legal framework is Part 3 of the Children and Families Act 2014 and the SEND Code of Practice (0–25). Local authorities (LAs) have a duty to secure the special educational provision in Section F; health commissioners must arrange health provision in Section G. Legislation.gov.uk+1

What must an EHCP include?

Plans are structured in Sections A–K (A: views/aspirations; B: SEN; C: health needs; D: social care needs; E: outcomes; F: special educational provision; G/H1/H2: health & social care provision; I: placement; J: personal budget; K: assessment advice). The Code requires provision in F to be specific and detailed—not just “access to” or “regular”. GOV.UK+1

The process (and the 20-week clock)

  • Request: Anyone can request an EHC needs assessment (parent, young person, or school).

  • Assessment: If the LA agrees, it gathers advice and decides whether to issue a plan.

  • Statutory timescale: From request to final plan should be within 20 weeks (unless legal exceptions apply).

In 2024, only 46.4% of new plans were issued within 20 weeks (down from 50.3% in 2023). Requests and assessments both rose again: 154,489 requests and 105,340 assessments, while total live plans reached 638,700 in January 2025 (up 10.8% year-on-year). These figures evidence both unmet need and system pressure. Explore Education Statistics

EHCPs vs SEN Support vs Equality Act duties

Most pupils with SEN do not have an EHCP; their needs are met at SEN Support using the “graduated approach” (assess–plan–do–review). Separately, the Equality Act 2010 places an anticipatory duty on schools to make reasonable adjustments for disabled pupils. This applies whether or not a pupil has an EHCP. In practice, schools often need to go beyond the EHCP’s listed provision where reasonable adjustments are required to avoid substantial disadvantage. Equality and Human Rights Commission+2Equality and Human Rights Commission+2

Key distinction: the EHCP secures named provision in Section F (enforceable against the LA), whereas Equality Act duties are owed by the school to disabled pupils more generally. Both frameworks apply at the same time. Legislation.gov.uk

Where are pupils with EHCPs educated?

As of January 2025, 43.6% of pupils with EHCPs attended mainstream schools; 30.4% attended special schools. Autism is the most common primary need (31.5%), followed by speech, language & communication needs (21.3%) and SEMH (20.7%). Explore Education Statistics

Inspection and system change

  • Area SEND inspections (Ofsted/CQC): Since 2023, inspections look at how local area partnerships identify and meet needs. The framework was reviewed and updated in June 2025. Early national findings highlight variable quality, timeliness and inclusion. GOV.UK+1

  • Reform roadmap: The SEND and Alternative Provision Improvement Plan (2023) set out work towards national standards, practice guides and AP reforms, with pilots running into 2025. A fuller white paper is expected later in 2025, and debate continues about the future shape of EHCPs. Keep an eye on DfE updates as proposals develop. GOV.UK+1

What this means for schools: practical takeaways

1) Get the graduated approach watertight.
High-quality SEN Support remains the backbone: robust assess–plan–do–review cycles, evidence of impact, and clear provision mapping help pupil, and strengthen any future assessment requests. Align with your local Local Offer expectations. GOV.UK

2) Be precise in EHCP drafting and reviews.
During assessments and annual reviews, push for specific, quantified, and time-bound wording in Section F (frequency, intensity, delivery model, and by whom). Vague phrases aren’t enforceable. GOV.UK

3) Know who is accountable for what.
If provision in Section F isn’t happening, the LA carries the legal duty to secure it even if delivery is delegated to the school. Escalate early; parents can enforce this duty. Legislation.gov.uk

4) Keep Equality Act duties front and centre.
Reasonable adjustments (e.g., behaviour policy, auxiliary aids, assessment access) apply now, not only after a plan is issued. This is vital during long waits and phase transfers. Equality and Human Rights Commission

5) Plan for capacity and placements.
With EHCP numbers rising and special school places tight, many pupils with complex needs will remain in mainstream. Invest in staff development (communication & interaction, SEMH, sensory profiles), strengthen partnerships with specialist services, and use local resourced provision where available. Current data shows a gradual increase in mainstream placements among new EHCPs. Explore Education Statistics

6) Watch the timelines.
Track the 20-week milestones, record any statutory exceptions, and maintain proactive communication with families. National performance is under 50%, so local systems need active case management to avoid drift. Explore Education Statistics

Frequently asked questions

Do you always need an EHCP to get support?
No. SEN Support plus Equality Act adjustments should meet many pupils’ needs. An EHCP is for additional, specific provision that cannot reasonably be provided otherwise. GOV.UK

Who chooses the school?
Parents/young people have a right to request a particular school or college in Section I. The LA must name it unless limited exceptions apply (e.g., unsuitable for age/ability/SEN, or incompatible with efficient education of others and there are no reasonable steps to overcome that). GOV.UK

What happens post-16?
EHCPs can continue up to age 25 if education or training is needed to achieve outcomes, with a focus on preparation for adulthood from Year 9 onwards. GOV.UK

Bottom line

EHCPs remain a powerful legal lever for securing specific, enforceable provision but they sit within a wider system of SEN Support and Equality Act duties that schools must deliver every day. With record plan numbers, longer waits, and reforms incoming, the best strategy for schools is inclusive classrooms, precise planning, and sharp legal literacy.

Sources and further reading

  • Official statistics (June 2025): Education, health and care plans—headline numbers, timeliness, placements and needs. Explore Education Statistics+1

  • Statutory guidance: SEND Code of Practice (0–25)—updated page (Sept 2024); content and drafting of EHCP sections. GOV.UK+1

  • Primary legislation: Children and Families Act 2014, s.42 duty to secure provision. Legislation.gov.uk

  • Equality Act duties for schools: EHRC technical guidance and government advice on reasonable adjustments. Equality and Human Rights Commission+1

  • Inspection & system change: Area SEND inspections framework (updated June 2025) and findings from first two years; SEND & AP Improvement Plan and roadmap. GOV.UK+3GOV.UK+3GOV.UK+3

  • EHCP structure A–K: IPSEA overview and practical guidance. IPSEA

Stephanie Connolly
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