EHCP Process and Funding in London, England

In London, England families seeking an Education, Health and Care Plan (EHCP) should understand the statutory assessment, funding allocation and appeal routes that apply to local authorities. The national guide explains legal thresholds, timescales and statutory duties in plain terms; see the official GOV.UK guide for parents and carers GOV.UK EHCP guide^[1].

Overview of the EHCP Process

Local authorities in London must follow the statutory framework when deciding whether to carry out a statutory EHC needs assessment, prepare a plan, and allocate place and funding. Decisions are made against the national criteria in the Children and Families Act 2014 and the SEND Code of Practice; statutory guidance is consolidated on GOV.UK and the Code of Practice provides practical detail on duties and timescales SEND Code of Practice^[2].

Penalties & Enforcement

Monetary fines or penalties for failing to issue an EHCP or meet statutory timescales are not set out on the cited statutory guidance pages; such financial penalties are not specified on the cited page SEND Code of Practice^[2]. Enforcement is achieved through remedies and appeals rather than fixed municipal fines.

Escalation and repeat failures: the statutory guidance explains duties and escalation via complaints and tribunal processes but does not publish standard fine amounts or per-day financial penalties; those figures are not specified on the cited page SEND Code of Practice^[2].

Non-monetary sanctions and remedies commonly used or available include orders to comply, binding decisions by the First-tier Tribunal (SEND), placement orders, and directions requiring the local authority to prepare or amend a plan. Enforcement routes are administrative review, local authority complaints procedures and appeals to the First-tier Tribunal for SEND.

Enforcer and complaint pathways: the responsible enforcer is the child or young person’s local authority (the SEND/Children's Services team). To report delays, raise a complaint or request a resolution you must contact your borough’s SEND team via your council’s SEND information and contact pages; local forms and contacts are published by each London borough, for example Camden Council’s SEND pages Camden SEND^[3].

Appeals, reviews and time limits

Appeals are made to the First-tier Tribunal (SEND) for disputes about content, school placement or failure to secure an EHC assessment or plan; statutory guidance sets out time limits and mediation steps in the GOV.UK guidance GOV.UK EHCP guide^[1]. If you intend to appeal, follow the published timescales on the official pages and request mediation where required before tribunal application.

Defences and discretion

Local authorities may rely on discretionary assessments of need, evidence thresholds and resource allocation policies when deciding whether to issue or amend an EHCP; statutory guidance records that decisions must be evidence-based and proportionate but allows for professional judgement under the Code of Practice SEND Code of Practice^[2].

Common violations and typical remedies

• Failing to carry out a statutory assessment within required timescales — remedy: complaint, mediation, tribunal review.
• Refusal to name a preferred school in the plan — remedy: placement appeal to the tribunal.
• Incorrect or missing health or social care provision — remedy: review and statutory amendment of the plan.

Applications & Forms

There is no single national paper form for requesting an EHC needs assessment; parents, young people and professionals usually submit a written request or the local authority’s own application form where published. Fees are not charged by local authorities for making a statutory assessment or issuing an EHCP; see your borough’s SEND pages for application forms and submission instructions, for example Camden Council’s SEND pages Camden SEND^[3].

• What to submit: clear evidence of need, professional reports and school information.
• Typical timescale: statutory decision points are set out in guidance; consult the GOV.UK guide for exact limits GOV.UK EHCP guide^[1].

Action steps

• Contact your local authority SEND team immediately and request their assessment process and required documents.
• Gather up-to-date reports from school, health and social care to attach to any assessment request.
• If refused, request a formal written decision, use the local complaints process and consider mediation or tribunal appeal.

FAQ

How long does an EHC assessment take?

An EHC needs assessment follows statutory timescales; details and stages are set out on the official GOV.UK EHCP guidance GOV.UK EHCP guide^[1].

Can I request a school placement in my child’s EHCP?

Yes, you can name a preferred school; the local authority must consult the school and justify any refusal. Placement decisions can be appealed to the First-tier Tribunal.

Are there fees to apply for an EHCP?

No, local authorities do not charge parents for requesting an EHCP assessment or issuing a plan; check your borough’s SEND pages for submission instructions Camden SEND^[3].

How-To

1. Contact your borough SEND team to request their process and any local forms.
2. Collect up-to-date evidence from school, paediatricians, therapists and social care.
3. Submit a written request for an EHC needs assessment, attaching evidence and reports.
4. If the local authority refuses, ask for a formal decision in writing and use mediation before tribunal where required.
5. If unresolved, lodge an appeal with the First-tier Tribunal (SEND).

Key Takeaways

• EHCPs are statutory and administered by your local authority under national SEND law.
• Timescales, mediation and tribunal appeal routes are set out in official GOV.UK guidance.

Help and Support / Resources

• GOV.UK: Education, health and care plans
• GOV.UK: Appeal a special educational needs decision
• Camden Council: SEND information and contacts
• Find your local council (official)