EHCP vs SEN support — prepare the right pack for your route | EHCP Clarity
Decision guide

EHCP vs SEN support — prepare the right pack for your route

If school-level SEN support is not enough, you can apply directly to your local authority for an EHC needs assessment — no school permission required. Send what you have. A case professional prepares the document. You review it. You send it.

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Get my EHCP pack prepared — £249See a real example pack

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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 we prepare for this

Request letter · £249

The letter you send to the council to ask for an EHC needs assessment.

  • 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.

Other documents: request letter £249 · appeal grounds £349 · challenge to the plan £449

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

SEN support is delivered by the school using its own SEN budget (from the school's notional SEN budget). An EHCP is a legal document issued by the local authority that requires specified provision (section 42 CFA 2014) and unlocks top-up funding. If SEN support is not enough — or your child's needs clearly exceed what mainstream resources can cover — the EHCP route is the right one. You do not need school permission to apply.

Side-by-side comparison

FeatureSEN supportEHCP
Legal basisChapter 6 SEND Code of PracticeSections 37 & 42 CFA 2014
Issued bySchool (SENDCO)Local authority
Legally bindingNo — best-endeavours dutyYes — provision must be secured
FundingSchool's notional SEN budgetNotional SEN + top-up from local authority
Typical provisionDifferentiation, group/1:1 interventions, adjustmentsNamed therapies, 1:1 staffing, specialist setting
ReviewsTermly with parentsAnnual review (statutory)
Right of appealNo statutory appeal — only complaintsFull SEND Tribunal appeal rights
Suitable forMost children with mild–moderate SENChildren whose needs cannot be met from school resources alone

Where the line sits in law

Section 20 CFA 2014 defines SEN as a learning difficulty or disability that calls for special educational provision. Most pupils with SEN do not need an EHCP — SEN support is sufficient. Section 36(8) CFA 2014 sets the threshold for an EHC needs assessment: the local authority must assess where it appears the child has or may have SEN, and it may be necessary for provision to be made through an EHCP. Section 37 sets the threshold for issuing the plan: the local authority must issue if it is necessary for special educational provision to be made through an EHCP.

In practice, the test the SEND Tribunal applies is: can the special educational provision your child reasonably requires be secured through the resources normally available to mainstream schools, or is something more specified, more intensive, or more specialist required? If the latter, the EHCP threshold is likely met.

What strong cases do next

  1. 1

    Identify the difficulties clearly

    Note specific examples — academic, social, emotional, sensory, attendance. Use school progress data, behaviour logs, work samples, and any clinical reports.

  2. 2

    Ask the school to start the SEN support cycle

    Write to the SENDCO requesting the 'assess, plan, do, review' cycle under Chapter 6 of the SEND Code of Practice 2015. Set a clear deadline for a response.

  3. 3

    Track whether SEN support is working

    After one or two cycles (usually a term each), look at the data. Is the child catching up, holding ground, or falling further behind? Are the strategies actually being delivered consistently?

3 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

Worked examples

Likely SEN support: moderate dyslexia, making slow but steady progress

A Year 4 pupil with dyslexia who has weekly small-group literacy support, in-class differentiation, and reading-pen access. School data shows steady progress with the support in place. SEN support is likely the right level — escalation to EHCP would only be needed if progress stalls or the gap widens.

EHCP territory: autism + 1:1 needed for safety and access

A Year 2 autistic pupil who cannot remain in class without 1:1 adult support, has frequent meltdowns, requires sensory regulation throughout the day, and is at risk of being unable to attend without consistent specialist provision. The provision needed exceeds what the notional SEN budget can fund — parents may argue on this evidence that an EHC plan is necessary.

Borderline: ADHD + literacy difficulties at Year 6

Receiving SEN support but progress has plateaued. School is genuinely trying but lacks specialist staffing for the level of intervention required. Apply for an EHC needs assessment so the local authority's professional reports establish whether mainstream resources are sufficient — many borderline cases turn out to meet the threshold.

Likely SEN support escalating to EHCP: school refusal linked to anxiety

Initial SEN support — adjusted timetable, key-worker check-ins, low-stim space — may be enough. If anxiety persists, attendance falls below 50%, and CAMHS recommends specialist provision, parents may argue on the evidence that an EHC plan is necessary.

Signs your child may need an EHCP rather than SEN support

  • SEN support has been in place for at least one or two terms with no measurable progress
  • The provision required is significantly more than mainstream school resources can fund
  • Your child needs named therapies (SALT, OT) at a frequency the school cannot fund
  • 1:1 support is required for safety, access, or both
  • A specialist setting is being seriously considered

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

Common misunderstandings

  1. 'You have to try SEN support for a year first' — false; you can apply for an EHC needs assessment at any time
  2. 'No diagnosis = no SEN support / no EHCP' — false; both are needs-led, not diagnosis-led
  3. 'The school decides whether to apply for an EHCP' — false; parents and young people can apply directly to the local authority
  4. 'EHCPs are only for special schools' — false; most EHCPs are held by pupils in mainstream
  5. 'SEN support is legally enforceable' — only loosely; without an EHCP the only remedies are complaints, governors, and (for disabled pupils) the Equality Act 2010

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

What your pack includes

  • EHCP threshold checker tailored to your child's profile
  • SEN support → EHCP escalation pathway
  • Letter requesting SEN support (template)
  • Letter requesting EHC needs assessment (template)
  • Evidence checklist for both routes
  • Tracker for SEN support reviews and progress data

Frequently asked questions

England · SEND

What's the difference between SEN support and an EHCP?
SEN support is the graduated approach mainstream schools must use for any pupil with SEN, funded from the school's notional SEN budget (the school's notional SEN budget). An EHCP is a legally binding document issued by the local authority under section 37 of the Children and Families Act 2014 — it specifies provision the local authority must secure (section 42) and is the only mechanism for top-up funding above the school's notional SEN budget.
How do I know which my child needs?
Most children with SEN are appropriately supported through SEN Support. For issuing an EHCP after assessment, section 37(1) CFA 2014 asks whether it is necessary for special educational provision to be made in accordance with an EHC plan — usually because the provision required cannot reasonably be secured from resources normally available without a plan. Where SEN Support has been tried and the child is still not progressing, that is often strong evidence parents rely on when arguing an EHC plan is necessary.
Is SEN support enough for autism, ADHD, or dyslexia?
It depends on the level of need. Many children with these diagnoses thrive on SEN support alone. Others — especially those needing 1:1 staffing, a specialist environment, named therapies, or significant adjustments — need the legal certainty an EHCP provides. The diagnosis itself does not decide it; the impact on access to education does.
Do I have to try SEN support before applying for an EHCP?
No. Under section 36(1) CFA 2014, a parent (or young person / school or post-16 institution) can request an EHC needs assessment at any time. The local authority cannot lawfully refuse just because SEN Support has not been tried. However, in practice, evidence that SEN Support has been tried and proved insufficient strengthens an EHCP case considerably.
How is the notional SEN budget relevant?
Schools fund SEN support from their notional SEN budget. Where the provision your child needs cannot reasonably be met from those mainstream resources, the local authority may provide top-up funding — usually only via an EHCP. That is a useful indicator the EHCP threshold may be met.
Can my child have both SEN support and an EHCP?
An EHCP supersedes SEN support. Once an EHCP is in place, the school must deliver everything in Section F using its own resources and the EHCP top-up funding. SEN support arrangements continue informally for any related needs but the binding obligations come from the EHCP.
Is an EHCP harder to get than SEN support?
Yes — it has a statutory threshold and the local authority controls the assessment process. SEN support is needs-led at school level. Many families spend a year or more building evidence through SEN support before applying for an EHCP. Others apply earlier; the law does not require a waiting period.
What if the school refuses to put SEN support in place?
Schools have duties under Chapter 6 of the SEND Code of Practice 2015 and the Equality Act 2010. If a school refuses, you can complain to the governors, then to the Department for Education, and you can apply to the local authority directly for an EHC needs assessment without the school's agreement.

Related guides

Sources and further reading

  1. Children and Families Act 2014 — sections 20, 36, 37, 42 — Definition of SEN, assessment threshold, duty to issue, duty to secure provision
  2. SEND Code of Practice 2015 — Chapters 6 & 9 — School-level SEN support and statutory EHCP framework
  3. Equality Act 2010 — section 20 (reasonable adjustments) — Duty to make adjustments for disabled pupils — applies regardless of EHCP status
  4. IPSEA — SEN support vs EHCP — Free specialist guidance from IPSEA