EHCPs in Kent: applying, timelines, and what happens if you disagree

• An EHCP starts with a request for an EHC needs assessment, not the plan itself. The assessment comes first, and it doesn't automatically lead to a plan.
• By law, the whole process, from request to a final plan being issued (if one is agreed), must take no more than 20 weeks.
• Kent has significantly improved its own performance against that deadline over the past couple of years, and now issues the large majority of plans on time.
• Parents, schools, health professionals and young people themselves (from age 16) can all request an assessment.
• If Kent refuses to assess, refuses to issue a plan, or you disagree with the plan's content, you have the right to mediation and, if needed, an appeal to the independent SEND Tribunal.
• Free, independent advice is available throughout from Information, Advice and Support Kent (IASK).

An EHCP is a legal document that describes a child or young person's special educational needs, the outcomes hoped for, and the specific support that must be put in place to meet those needs, covering education and, where relevant, health and social care too. It's a step beyond the support most schools can already put in place from their own budgets. In fact, Kent expects schools to have used the resources and support already available to them, and shown that a child still isn't making adequate progress, before an EHC needs assessment is generally considered necessary. Most children and young people with SEND have their needs met this way, through their school's own SEN provision, without ever needing an EHCP.

Anyone can ask Kent to carry out an EHC needs assessment (EHCNA): a parent, a young person themselves if they're 16 or over, or the school, college or early years setting a child attends. This is the point that starts the statutory clock. In Kent, requests are made by creating an account on the council's online EHCNA system, and it's worth gathering together any relevant reports, evidence of the support already tried at school, and information about your child's needs before you start, since you'll be asked for this as part of the request.

Kent has up to 6 weeks from your request to decide whether an EHC needs assessment is actually necessary, and to tell you the outcome. During this window, they'll look at the evidence you and the school have provided, including whether the school has already used its own delegated SEN funding and support, and whether your child is still not making adequate progress despite that. Not every request results in an assessment being agreed, and if Kent decides not to proceed, they must tell you why, and tell you about your right to appeal that specific decision.

If Kent agrees to assess, they'll gather advice and information from a range of people who know your child, which can include education, health and social care professionals, and, of course, you and your child. Kent will also assign you a named assessment officer at this stage, and a health coordinator may get in touch to talk through your child's health history, so the right health advice can be sought as part of the process. Everyone asked to contribute advice has 6 weeks to provide it once they're asked.

Kent must decide whether to issue an EHC plan, based on everything gathered during the assessment, and let you know by week 16 of the overall process. If they decide not to issue a plan, they'll explain why and set out your right to appeal. If they decide to go ahead, you'll be sent a draft plan, and you'll have 15 calendar days to look through it, give your views, and say which school or other setting you'd prefer to be named in the plan.

Assuming a plan is going ahead, Kent must issue the final EHC plan within 20 weeks of the original request. A copy goes to you and to the school or setting named in the plan. The letter accompanying the final plan will also set out your right to appeal if you're unhappy with its contents, along with information about mediation.

It's genuinely worth knowing where Kent stands here, because this has changed a lot recently. Back in 2022, Ofsted raised serious concerns about the consistency and quality of Kent's EHC process. Since then, Kent has invested heavily in turning this around: by August 2024 the council was issuing around half of its plans within the 20-week deadline, roughly in line with the national average at the time. By October 2024 that had risen to around 77%, and by February 2025 it had reached almost 90%, putting Kent among the best-performing councils in England for meeting this particular deadline. That doesn't mean every family's experience will be smooth, and delays can still happen, but it's a genuinely different picture to a few years ago, and worth knowing if you're going into this process feeling apprehensive.

Once a plan is in place, it isn't a one-off document that's filed away. Every year, you, your child and the professionals supporting them are expected to sit down and review progress against the plan's outcomes. If your child's needs or circumstances have changed significantly since the plan was written, a full reassessment can be requested instead of, or as well as, an annual review. Kent must tell you within 15 calendar days of a reassessment request whether they'll go ahead with it, and if they agree, the reassessment itself must be completed within 14 weeks, faster than the 20-week timescale for a first request, since much of the groundwork is already in place.

You have the right to try mediation, and in most cases the right to appeal to the independent First-tier Tribunal (Special Educational Needs and Disability), often just called the SEND Tribunal, if you disagree with any of the following:

• A decision not to carry out an EHC needs assessment.
• A decision not to issue an EHC plan after an assessment.
• The content of an EHC plan, specifically the description of special educational needs, the special educational provision set out, or the school or setting named.
• A decision not to reassess, not to amend a plan following a review, or to stop maintaining a plan altogether.

Before you can register an appeal with the Tribunal, you generally need to contact a mediation adviser and obtain a certificate confirming you've considered mediation, whether or not you actually go through with a mediation meeting. The one exception is if your appeal is only about the specific school or setting named in the plan, in which case you can go straight to the Tribunal without a mediation certificate. Mediation itself is free, confidential, and run by someone independent of the council.

Whichever date is later, you must register your appeal within 2 months of the decision letter you're appealing against, or 1 month of your mediation certificate being issued. Appealing to the SEND Tribunal is free, and you don't need a solicitor to do it, though some families choose to get advice or support with preparing their case.

Information, Advice and Support Kent (IASK) offers free, independent advice and support to parents, carers and young people going through any part of this process, whether you're just starting to think about requesting an assessment or you're preparing an appeal. It's worth contacting them early rather than waiting until you're stuck, since they can help you understand what evidence is useful and what to expect at each stage. If you're moving into Kent with an existing EHC plan, or moving out of Kent, there's a separate process for transferring or continuing support, so contact Kent's SEND team as early as possible if a house move is on the horizon. Our [guide to SEND support in Kent schools](/guides/send-support-kent-schools) covers the wider picture of what's available before you get to the point of needing a formal assessment at all.