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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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.

  4. 4

    Final EHCP issued

    The local authority issues the final plan. Section F provision is legally enforceable under section 42 CFA 2014.

  5. 5

    Annual review

    At least every 12 months. You can request amendments at any time if needs change.

Requesting an EHC needs assessment

Under section 36 CFA 2014, any parent, young person aged 16+, school or professional 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. Around 95% of parents who appeal refusal-to-assess decisions win or settle. 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

Checklist: before you start

  • 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
  • Attendance, behaviour and exclusion records
  • Any private assessments commissioned by the family

Full EHCP evidence checklist · Evidence before SEND reform

Frequently asked questions

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. Any parent, carer, young person aged 16 or over, school or professional can request an EHC needs assessment under section 36 of the Children and Families Act 2014. The local authority must respond within six weeks. 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 helps parents organise information, check which route may apply, build evidence checklists, draft parent statements and chronologies, and prepare a structured pack for review. It does not provide legal advice, does not guarantee an assessment or EHCP outcome, and does not replace SENDIASS, IPSEA or a SEND solicitor.

Related guides

EHCP guides

Sources and further reading

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.

This is general information, not legal advice. EHCP Clarity helps parents organise and prepare their own materials. It does not provide legal advice, legal representation, or tribunal advocacy, and nothing on this page should be relied on as a substitute for advice about your specific situation. For free independent expert support, contact IPSEA, SOS!SEN, or your local SENDIASS. For legal representation, instruct a SEND solicitor.

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