EHCP Current Rules: What Parents Can Still Do Now | EHCP Clarity
Current rights

EHCP current rules: what parents can still do now

Despite SEND reform proposals, parents can still request an EHC needs assessment, gather evidence, challenge decisions and ask for support to be clearly set out.

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What is your EHCP situation?

Tell us where you are. We match the document you need to send, then an assigned case professional prepares it. You review it. You send it.

What you instruct

  • Request letter£249
  • Appeal grounds£349
  • Challenge to the plan£449
  • The document you send
  • How to send it, and what to attach
  • One revision round of factual corrections

One case professional prepares and checks it. You review it. You send it.

Typically 5 working days after we have what we need.

Sample of a request letter · mock names
The most recent school assessment data from March 2025 shows that [CHILD] is working at a level approximately three years below his chronological age in reading and writing, and at least two years below in spoken language and verbal comprehension.

Read the full examples · What each price includes

Case preparation support only · Not legal advice or tribunal representation

Quick answer

The Children and Families Act 2014 and SEND Code of Practice 2015 still govern EHCPs in England. Proposed SEND reforms have not changed current law. Parents retain the right to request assessments, submit evidence, challenge refusals, request amendments, and appeal to the SEND Tribunal.

Current EHCP process

  1. 1

    Request an EHC needs assessment

    Write to your local authority's SEND team. The local authority has 6 weeks to decide whether to assess. Parents, schools and professionals can all request.

  2. 2

    Assessment and advice gathering

    If the local authority agrees, it must seek advice from an EP, school, health and social care within the statutory timetable.

  3. 3

    Draft EHCP and parent comments

    The local authority sends a draft EHCP. You have at least 15 days to comment on Sections B, F and I.

2 further steps when you submit or appeal — Requesting, appealing, and negotiating Section F are where most parents need help — that is what we prepare for you.

This guide shows what strong cases look like. We prepare the request letter, appeal grounds, or plan letter for your route.

Match my situation →Get yours prepared — From £249

Requesting an EHC needs assessment

Under section 36(1) CFA 2014, a child's parent, a young person, or a person acting on behalf of a school or post-16 institution can request an EHC needs assessment. You do not need school agreement or a diagnosis.

Request an EHC needs assessment guide · Request letter template

local authority refusal to assess

If the local authority refuses to assess, you have two months to appeal to the SEND Tribunal. HMCTS publishes annual outcome statistics — check the latest figures for refusal-to-assess appeals. Refusal to assess appeal guide

Refusal to issue

If the local authority assesses but refuses to issue an EHCP, you can appeal. The Tribunal can order the local authority to issue a plan. Refusal to issue appeal guide

Amending an EHCP

Request amendments when needs change. At annual review, the local authority must consider whether the EHCP needs updating. You can object to proposed amendments and appeal if the final plan is inadequate. Objecting to proposed amendments

Annual reviews

The local authority must hold an annual review at least every 12 months (every 6 months for under-5s). If the review is delayed or the outcome is wrong, you have routes to challenge. Annual review delay guide

Evidence checklist

Evidence strong cases usually include

  • School progress data and attainment records
  • SEN support plans, reviews and provision maps
  • Educational psychologist report
  • Speech and language, OT, paediatric or CAMHS reports
  • Parent chronology with specific examples of unmet need

2 more items depending on your case. Plus turning this evidence into one coherent pack an LA or tribunal takes seriously.

This guide shows what strong cases look like. We prepare the request letter, appeal grounds, or plan letter for your route.

Match my situation →Get yours prepared — From £249

Full EHCP evidence checklist · Evidence before SEND reform

Frequently asked questions

England · SEND

Are EHCP laws changing?
The government has published proposed SEND reforms and consulted on changes, but primary legislation has not yet been enacted. The current EHCP framework under the Children and Families Act 2014 still applies today. Proposed reforms may change how support is structured in future, subject to legislation and implementation plans.
Can I still request an EHC needs assessment?
Yes. Under section 36(1) of the Children and Families Act 2014, a child's parent, a young person, or a person acting on behalf of a school or post-16 institution can request an EHC needs assessment. The local authority must notify its decision within six weeks (SEND Regulations 2014, regulation 5). Proposed SEND reforms do not remove this right under current law.
Can I still appeal a refusal?
Yes. Under current law, you can appeal refusals to assess, refusals to issue, EHCP contents (Sections B, F, I), and decisions to cease a plan to the SEND Tribunal. You generally have two months from the decision letter and must contact a mediation adviser first in most cases.
Can I still amend an EHCP?
Yes. You can request an amendment at any time, and the local authority must hold an annual review at least every 12 months. If the local authority proposes amendments you disagree with, you have statutory rights to respond and appeal.
Can EHCP Clarity help me apply?
EHCP Clarity prepares the letter or grounds for the stage you are in, from the reports you send. You review it. You send it. Independent information is available from SENDIASS, IPSEA, or a SEN solicitor.

Related guides

EHCP guides

Sources and further reading

  1. GOV.UK — SEND reform: putting children and young people first (consultation) — Official government consultation on proposed SEND reforms
  2. GOV.UK — SEND reform consultation (HTML version) — Full consultation document including ISP and Specialist Provision Package proposals
  3. DfE Education Hub — What parents need to know about changes to the SEND system — Parent-facing explainer from the Department for Education
  4. House of Commons Library — Schools White Paper 2026: SEND Reform (CBP-10550) — Independent parliamentary briefing on proposed reforms and transition timelines
  5. GOV.UK — Children with special educational needs (current EHCP process) — Current statutory route for requesting an EHC needs assessment
  6. SEND Code of Practice 2015 — Department for Education statutory guidance — Current law and guidance that still applies today

Important: EHCP Clarity provides general information and document-organisation support. It is not a law firm, does not provide legal advice and does not guarantee an EHC needs assessment, EHCP, school placement or tribunal outcome. Parents should use official guidance and seek specialist legal advice where needed.