What is an EHCP? Education, health and care plan explained

An EHCP is the strongest form of support plan in the English SEND system. If a learner arrives at your college or provider with one, it sets out what you are expected to deliver.

What does an EHCP actually contain?

An EHCP is a statutory plan made under section 37 of the Children and Families Act 2014. It is split into sections. These cover the young person’s views, interests and aspirations, their special educational needs, health and social care needs, the outcomes sought, the special educational provision required, and the placement named. Provision must be specific and quantified, so staff can see what, how often and by whom.

A local authority issues the plan after an EHC needs assessment. Where the plan names your institution, you have a duty to admit the learner and the local authority has a duty to secure the provision it describes.

How does an EHCP apply in FE and apprenticeships?

In further education the plan continues to age 25 where the young person still needs it, and the local authority must review it at least every 12 months through an annual review. At 16 and over the young person, not their parents, is the main decision maker unless they lack capacity (see the Mental Capacity Act).

Colleges are usually funded through high needs funding: the college meets the first part of the cost of support from its own budget and the local authority pays the rest as top-up. Apprentices can hold an EHCP too. Their provider still has to make reasonable adjustments, and an EHCP can help evidence eligibility for learning support funding. Our guide to EHCPs in further education covers the practical steps.

What is a common misconception about EHCPs?

Many people think a learner must have an EHCP to receive support. They do not. The SEND code of practice expects institutions to use their best endeavours for learners with SEND, and the Equality Act 2010 requires reasonable adjustments for disabled learners, with or without a plan. Most learners with SEND in FE do not have an EHCP.

A second misconception is that an EHCP ends automatically at 18 or when someone leaves school. It does not. It ends only when the local authority decides it is no longer needed, for example because the outcomes have been achieved, or when the young person turns 25 or leaves education or training in line with the regulations.

Where can you find the official source?

The legal basis is the Children and Families Act 2014, Part 3, and the Special Educational Needs and Disability Regulations 2014. The practical detail, including post-16 expectations, is in the statutory SEND code of practice: 0 to 25 years on gov.uk. The government has published proposals to reform the SEND system. Until legislation changes, the 2014 Act and the code of practice continue to apply.