Know Your Rights
Your legal rights at each stage of the EHCP process, with specific references to the SEND Code of Practice 2015 and Children and Families Act 2014.
final ehcp
The final EHC plan has been issued. It is legally binding - the LA and school must deliver the provision specified in Section F.
EHCP is legally binding
The LA must secure the special educational provision specified in Section F of the plan. This is a legal duty, not discretionary.
If provision is not being delivered, write to the LA citing Section F requirements.
Right to appeal Sections B, F, and I
You can appeal the content of Sections B (needs), F (provision), and I (school) to the SEND Tribunal within 2 months.
If unhappy with the plan, register an appeal within 2 months.
20-week total process limit
The whole process from your initial request to the final plan must be completed within 20 weeks. Exceeding this is a breach of duty.
If the process exceeded 20 weeks, consider a formal complaint to the LA.
Right to a personal budget
You have the right to request a personal budget for some or all of the provision in your child's EHC plan.
Ask the LA about personal budgets if you want more control over provision.
Cross-cutting rights
Some rights apply across the whole EHCP journey, not just at one stage.
- Recording calls with the LA or school — your right under UK GDPR to record your own conversations, plus how to do it on Android, iPhone, and desktop.
Key Legislation
Children and Families Act 2014
The primary legislation establishing the EHCP system, rights to assessment, and the SEND Tribunal.
Read on legislation.gov.uk →SEND Code of Practice 2015
Statutory guidance that LAs, schools, and health bodies must follow when supporting children with SEN.
Read on gov.uk →