Birmingham EHCP Process & Funding - SEND Law

Education England 4 Minutes Read · published February 11, 2026 Flag of England

This guide explains the Education, Health and Care Plan (EHCP) process and funding routes used in Birmingham, England. It covers how to request an EHC needs assessment, statutory timescales, who is responsible in the council, typical funding arrangements, and how to challenge decisions. The aim is to help parents, carers and professionals act promptly: request assessment, gather evidence, use the council contacts and the tribunal route if necessary. Where statutory steps, timescales or remedies are described we cite official sources so you can verify requirements and forms with Birmingham City Council and national guidance.[1]

Overview of the EHCP process

Parents, young people or professionals can ask the local authority for an EHC needs assessment. The SEND Code of Practice sets statutory steps and timescales for assessment and issuing a plan, and describes expected consultations with education, health and care services. Local authority teams then decide whether an assessment is needed and, if so, carry out multi-agency information gathering before drafting a plan.[2]

You can request an EHC needs assessment directly from Birmingham City Council.

Penalties & Enforcement

Statutory enforcement of EHCP duties in England is not framed as bylaw fines but as compliance obligations for local authorities. Monetary fines for failure to comply are not specified on the official SEND Code of Practice or Birmingham pages; enforcement focuses on orders and remedies through inspection and tribunal routes.[2]

  • Enforcer: Birmingham City Council, Education and SEND services are responsible for carrying out assessments and issuing EHCPs; specific contacts are on the council SEND pages.[1]
  • Inspection and complaints: Ofsted/CQC inspect SEND practice where relevant and families may complain to the council’s complaints team; see council complaint/contact pages in Resources.
  • Appeals and legal orders: Families can apply to the First-tier Tribunal (SEND) to challenge decisions and seek orders compelling a local authority to assess or provide specified support.[3]
  • Fines/penalties: Specific monetary fines or daily penalty amounts are not specified on the cited national or council pages for EHCP non-compliance; remedies are typically tribunal orders and mandatory compliance rather than fixed fines.[2]

Escalation, sanctions and time limits

Where duties are not met, families commonly use the council complaints process followed by the First-tier Tribunal (SEND). Exact escalation ranges for repeat or continuing offences are not set as monetary penalties on the official guidance; time limits for tribunal appeals and procedural deadlines are described on the tribunal guidance pages cited below. For statutory assessment timescales, the SEND Code of Practice requires local authorities to complete the EHC needs assessment and issue a final EHCP within 20 weeks from the date of the request and to decide whether to carry out an assessment within six weeks of the request.[2]

The SEND Code of Practice sets a 20-week deadline to complete assessment and issue an EHCP.

Applications & Forms

Birmingham City Council publishes guidance, application guidance and contact points for requesting an EHC needs assessment and for reviews of existing EHCPs. The council’s SEND pages include request forms or guidance on how to submit evidence and who to contact; the council does not charge a fee for carrying out an EHC needs assessment or issuing an EHCP as stated on its SEND pages.[1]

Typical remedies and defences

  • Tribunal orders requiring the local authority to secure specified provision.
  • Judicial review or enforcement through the court in limited circumstances where statutory duties are unlawful.
  • Defences: the council may rely on resource constraints and prioritisation decisions, but these do not remove statutory duties and are considered by tribunals; specific permitted defences are not set as fines on the cited pages.

Action steps

  • Request an EHC needs assessment in writing to Birmingham City Council and include recent professional reports and school evidence.[1]
  • Track the statutory timescale: expect the assessment decision within six weeks and the final plan within 20 weeks from request as per the SEND Code of Practice.[2]
  • If refused or you disagree with the content of an EHCP, consider mediation and then an appeal to the First-tier Tribunal (SEND); check the tribunal guidance for appeal time limits and process.[3]

FAQ

Who can request an EHC needs assessment?
Parents, carers, young people aged 16-25 and professionals working with the child can ask the local authority for an assessment; see the council guidance for how to submit a request.[1]
How long does the EHCP process take?
The SEND Code of Practice sets completion of assessment and issuance of an EHCP within 20 weeks from the date of the request; the council must decide whether to assess within six weeks.[2]
Are there fees for an EHCP?
There is no charge by the local authority for carrying out an EHC needs assessment or for issuing an EHCP, according to Birmingham City Council guidance.[1]
How do I appeal a decision?
If you disagree with a council decision about an EHC needs assessment or the contents of an EHCP, you can apply to the First-tier Tribunal (SEND); check the tribunal guidance for deadlines and procedures.[3]

How-To

  1. Gather evidence: obtain school reports, health assessments and professional statements showing the child’s needs.
  2. Contact Birmingham City Council SEND team to request an EHC needs assessment and ask for the process guidance and any local forms.[1]
  3. Submit the request in writing and note the date to track statutory timescales (six-week decision, 20-week completion where applicable).[2]
  4. Respond to any information requests promptly and attend multi-agency meetings or consultations.
  5. If the council refuses assessment or you disagree with the draft EHCP, seek mediation and, if unresolved, lodge an appeal with the First-tier Tribunal (SEND) within the timescale stated on tribunal guidance.[3]

Key Takeaways

  • Start the request early and keep evidence organised to meet statutory timescales.
  • Enforcement is primarily via tribunal orders and complaints rather than fixed monetary fines.
  • Use Birmingham City Council SEND contacts and the national SEND Code as primary sources for process and timescales.

Help and Support / Resources

  1. [1] Birmingham City Council - Education, Health and Care Plans (EHCP)
  2. [2] SEND Code of Practice 0 to 25 (Department for Education)
  3. [3] Appeal a special educational needs decision - GOV.UK

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