Where Are We Now With EHCPs?

Summary

This article brings together a clear overview of what an EHCP is, where things currently stand with reforms, and advice from Amy Hamilton, the EHCP/SEN Lead at Little Nellies, whose team supports families across England. 

For many families, the EHCP process feels like stepping into a system that speaks its own language. Even parents who work in education or health often describe the experience as confusing, emotionally draining, and far more complex than they expected. With ongoing discussions about SEND reform and the future of EHCPs, uncertainty has only grown, which is why grounded, practical guidance from specialists like Little Nellies, the SEND advocacy division of Nellie Supports, is so valuable.

Introducing Little Nellies

It’s from this frontline vantage point that Amy begins:

“At Little Nellies, we work with many families who come to us feeling overwhelmed by the EHCP process. For many parents, navigating education support is rarely just about school alone. A child’s education is often shaped by wider factors such as health needs, social care involvement, wellbeing, safeguarding, and family circumstances, which can make accessing the right support feel far more complex than simply completing forms or asking a school for help. 

Little Nellies is the children’s service and specialist SEND advocacy division of Nellie Supports, a multidisciplinary private social work practice operating across England and Wales. Through our work, we see first-hand the uncertainty, confusion, and emotional pressure many families face when trying to access the right support for their child.”

So, What Is An EHCP?

An Education, Health and Care Plan (EHCP) is a legally binding document for children and young people whose needs cannot be met through traditional school support. It sets out:

• A child’s identified needs
• The provision required to meet those needs
• Outcomes the child is working towards

Crucially, an EHCP is not just an education document. It can include health, mental health, social care, and therapeutic input, reflecting the reality that a child’s ability to learn is shaped by far more than what happens in the classroom.

Under the Children and Families Act 2014, EHCPs remain legally enforceable. Local Authorities must deliver the provision written in the plan.

To deepen this understanding, Amy explains what a high‑quality EHCP should actually look like:

“An EHCP is not simply about putting general support in place. It is a legally binding document that should clearly identify a child or young person’s needs and set out the specific provision required to meet those needs across education, health, and care. 

A well-written EHCP is specific, measurable, and personalised. Vague wording such as “access to support” or “regular opportunities” can create significant problems if provision is not delivered consistently. From our experience, a good EHCP describes needs and provision; a strong EHCP creates a detailed, accurate picture of the child and what they genuinely require. 

Evidence matters, but you do not need everything in place to begin.

A strong application from the outset makes a real difference. Evidence helps to show what a difficulty looks like, how often it occurs, what impact it has, and what has already been tried. However, families should not delay seeking support because they feel they need a diagnosis, multiple professional reports, or school agreement before taking action. Evidence can be gathered and strengthened as the process develops.”

Where Are We Right Now With SEND Reforms?

Although we’re still waiting for the government’s official response to the May 2026 consultation, a few new patterns are beginning to surface. The conversations happening across the sector suggest that the next phase of reform may focus less on sweeping structural change and more on tightening the system we already have.

There’s growing talk about local accountability, specifically, how Local Authorities evidence the support they’ve offered before families are pushed into conflict or Tribunal. It’s early days, but the direction of travel points toward clearer expectations and earlier multi‑agency involvement.

Another idea gaining traction is a minimum EHCP entitlement. Instead of simply redesigning templates, policymakers appear to be exploring a national baseline of provision so children aren’t receiving drastically different support depending on where they live. Whether this becomes meaningful will depend entirely on funding and workforce capacity.

Attendance is also becoming a priority. With emotionally based school avoidance rising sharply, the DfE is reportedly looking at stronger guidance around mental health needs, therapeutic input, and how part‑time timetables are used. This is one area where change may come sooner, simply because the pressure on schools is so visible.

EOTAS remains the quiet outlier. While nothing official has been published, professionals expect some form of review of EOTAS commissioning, though the direction still feels uncertain.

And realistically, any major legislative shift is unlikely before 2027. For now, the current EHCP legal framework remains fully in force, and families should continue to work within the rights they already have.

To help families stay grounded amid this uncertainty, Amy offers this reminder:

“Much of the current anxiety in the SEND community is being shaped by ongoing discussions around proposed changes to the SEND system and the future of EHCPs. It is important to be clear: as of the date of this article, these are proposals only. Nothing has been finalised. Families should seek up-to-date guidance from a qualified SEND professional or independent advisor for the latest position, as this area is subject to change. 

What remains true is that parents currently have the right to request an EHC Needs Assessment where appropriate, and EHCPs are legally binding documents under the Children and Families Act 2014. Families should not be discouraged from seeking support based on speculation about future reforms, particularly where a child’s needs are not being meaningfully met.”

A Common Misconception 

One of the biggest challenges families face is simply knowing when they’re “allowed” to ask for help. Many parents worry they’ll be dismissed, told they’re overreacting, or advised to wait until things get worse. This hesitation is often reinforced by schools that are stretched, cautious, or unsure themselves. When we asked Amy what families misunderstand most about the EHCP process, she was clear that timing is one of the most damaging myths of all.

“You do not have to wait for a crisis 

One of the most common misconceptions we encounter is that a child must reach crisis point before support can be requested. Many parents are told to “wait and see” particularly where a child is academically able, quiet in class, masking distress or not presenting with behaviours that concern the school. 

A child can appear to cope in one environment while experiencing significant anxiety, sensory overwhelm, emotional dysregulation, or school-related distress elsewhere. Concerns can and should be raised before everything has broken down and support should not depend on a child having to fail first.”

Appeals and Tribunal

Even with strong evidence and a clear picture of need, many families still find themselves facing decisions that don’t reflect their child’s reality. This is often the point where the process becomes emotionally exhausting, not because parents are unwilling to advocate, but because challenging a Local Authority can feel intimidating and deeply unfair. We asked Amy what families should understand about this stage of the journey, and her response highlights both the seriousness of the process and the importance of preparation.

“In some cases, families find themselves needing to challenge decisions or appeal provision that does not adequately meet their child’s needs. This can feel like the most daunting stage of the process. 

SEND Tribunal appeals are decided by considering the available evidence alongside the relevant legal framework and statutory duties. Preparation, clear evidence, and consistent presentation of a child’s needs are central to any appeal. Families considering this route are strongly encouraged to seek independent advice from a qualified SEND professional or solicitor.”

How Little Nellies Can Help

Throughout the EHCP journey, from first concerns to complex appeals, having knowledgeable, calm, and consistent support can make an enormous difference. Little Nellies work with families at every stage, helping them understand their rights, gather evidence, and navigate a system that often feels overwhelming. When we asked Amy what their support looks like in practice, she described an approach built on clarity, structure, and genuine partnership with families.

“At Little Nellies, we support families with EHCP applications, draft plan reviews, annual reviews, evidence packs, mediation preparation, and SEND Tribunal support/representation. Our approach is structured, calm, and evidence-led. Our role is not only to help families build strong applications, gather supporting evidence, and present clear arguments, but also to help them feel informed, confident, and fully supported throughout the process. If you would like to understand your options, you are welcome to get in touch.”

For the Children Who Can’t Wait for Reform

The EHCP process can feel like a maze, especially when the wider SEND landscape is shifting and families are left trying to make sense of mixed messages. Little Nellies bring that clarity through specialist advocacy, and at SEND Tutoring, we see the same truth every day. Our tutors work closely with families whose children are navigating EHCPs, waiting for assessments, or receiving support that still doesn’t quite meet their needs. We see the emotional load parents carry, the gaps that appear between home and school, and the relief that comes when a child finally feels safe, regulated, and able to learn. While we’re not part of the legal process, our role sits alongside it, helping children access learning in ways that honour their strengths, reduce pressure, and rebuild confidence.

As reforms continue to unfold, one thing is clear, families deserve support that is steady, knowledgeable, and centred on the child. Whether you’re at the very beginning of the EHCP journey or deep into reviews and revisions, you don’t have to navigate it alone. SEND Tutoring and organisations like Little Nellies exist because every child deserves an education that works for them, not someday, but now.

If you’d like guidance on how tutoring can complement your child’s EHCP, or simply want to talk through what support might look like, our team is here to help.

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Ella Jones

If you’re looking for support for a child or young person with special educational needs or a disability, book a free call with us today and find out how we can help.