SEN support or an EHCP? What's the difference

What is the difference between SEN support and an EHCP?

SEN support is help your child's nursery or school plans and gives. An EHCP is a legal plan from your council for children and young people aged up to 25 "who need more support than is available through special educational needs support" (GOV.UK). These are the two levels of help for children with SEND (special educational needs and disabilities) in England (GOV.UK).

The "best endeavours" duty is in section 66 of the Children and Families Act 2014 and covers mainstream schools and maintained nursery schools (s.66). Other early years providers must have arrangements to meet children's special educational needs (SEND Code of Practice, para 5.53). For an EHCP, section 42 says the council "must secure the specified special educational provision", and the responsible NHS body must arrange any health care the plan specifies (s.42).

The SEND Tribunal hears appeals about council decisions on assessments and EHCPs, and disability discrimination claims against schools (GOV.UK). It does not hear appeals about SEN support.

How does SEN support work?

SEN support runs in a four-part cycle called the graduated approach: assess, plan, do and review. The SEND Code of Practice, the statutory guidance, describes each step for schools (paras 6.44 to 6.55):

1. Assess. The class teacher and the SENCO look closely at your child's needs, using your views and your child's. "Schools should take seriously any concerns raised by a parent" (para 6.45).
2. Plan. When SEN support is provided, "the parents must be formally notified". The school agrees the support with you, the difference it should make and "a clear date for review" (para 6.48).
3. Do. The class teacher stays responsible for your child every day, even when support happens in a small group or one to one (para 6.52).
4. Review. You should get clear information about what difference the support made, so you can help plan the next step (para 6.55).

Schools should think about bringing in specialists if a child keeps making less progress than expected, and should always do so if a child makes little or no progress despite evidence-based SEN support (SEND Code of Practice, paras 6.58 to 6.59). That could mean a speech and language therapist or an educational psychologist.

Nurseries follow the same cycle, and you should be involved at every stage (SEND Code of Practice, paras 5.39 and 5.44). For children under 5, GOV.UK lists a written progress check at age 2, a health visitor check between 2 and 3, and reasonable adjustments for disabled children (GOV.UK). Councils also run an SEN inclusion fund that gives nurseries top-up grants for "low-level or emerging SEN" (DfE early years funding guide 2026 to 2027).

What should I ask for at SEN support?

Ask for a written plan with a review date, and at each review ask what difference the support has made.

1. Write down your worries with examples, and ask to meet the class teacher and the SENCO.
2. Ask for your views and your child's views to be part of the assessment.
3. Ask for written confirmation of the support, the difference it should make and the review date.
4. If your child is disabled, ask for reasonable adjustments, such as changes to a rule or practice, or an aid (Equality Act 2010, Schedule 13).
5. If progress is still limited, ask about specialist advice.
6. If your child still is not making expected progress, the Code says "the school or parents should consider requesting an Education, Health and Care needs assessment" (para 6.63).

What is an EHCP, and what is in it?

An EHCP (education, health and care plan) is a legal document the council writes after an EHC needs assessment. The law says it must have these separately labelled sections (SEND Regulations 2014, reg 12):

Sections B, F and I are the educational parts. The council must make sure the support in section F is provided (s.42), so it helps if F is specific.

The council must review the plan at least every 12 months (SEND Code of Practice, para 6.56). After a review meeting, it must tell you within 4 weeks whether it will keep, change or end the plan (reg 20). You can ask the council for a personal budget for parts of the plan (s.49), and you can ask for a particular school or maintained nursery school to be named (SEND Code of Practice, paras 9.78 to 9.79).

When should I ask for an EHC needs assessment?

Ask when SEN support has not been enough, or when your child clearly needs more help than the nursery or school can arrange alone. You can ask the council yourself: the law says a request can be made by "the child's parent" (Children and Families Act 2014, s.36).

In plain English, the legal test in section 36(8) is: the council must assess if your child has or may have special educational needs, and it may be necessary for support to be provided through an EHCP. When deciding, the council should look at evidence that your child has not made expected progress despite "relevant and purposeful action" by the nursery or school (SEND Code of Practice, para 9.14). That is guidance on what to consider; the legal test is the one in section 36(8).

No diagnosis is needed for the request. For the steps, the evidence to send and the 20-week timeline, see how to request an EHC needs assessment.

Can a child have an EHCP at nursery?

Yes. EHCPs cover children from birth up to 25, and many are first issued when children are young. In January 2026, 4,900 children with EHCPs were at an early years provider other than a school, and 26.0% of all EHCPs were first issued at age 4 or 5 (DfE). In 2025, councils agreed to assess 75.4% of the requests made for 3 year olds, compared with 60.9% at age 10 (same source).

In England, a 2 year old with an EHCP can get 15 hours a week of funded early education for 38 weeks (GOV.UK). You can ask for a maintained nursery school to be named in section I of the plan (SEND Code of Practice, para 9.78).

What do the latest figures show?

EHCPs are growing fast, and autism is the most common primary need recorded on them. In January 2026 there were 718,838 EHCPs in England, 12.5% more than a year before. Autism was the primary need on 31.5% of all plans (DfE, Education, health and care plans 2026). This count covers everyone with a plan, up to age 25.

SEN support is much more common. In the 2025/26 school year, 1,319,780 pupils in England's schools were on SEN support, 14.8% of all pupils. For them, the most common primary need recorded was speech, language and communication needs, at 25.7% (DfE, Special educational needs in England 2025/26).

Are EHCPs changing?

Not yet. The February 2026 Schools White Paper proposes a new Individual Support Plan for every child with SEND, and EHCPs only for children who need specialist provision (DfE Education Hub). These are proposals. The Department for Education says "No changes to the support given by EHCPs will begin before September 2030" (same source).

Where can I get help?

• The SENCO at your child's nursery or school, first.
• Your local SENDIASS, the free SEND information, advice and support service. Find it through the Council for Disabled Children.
• IPSEA, a charity giving free, independent legal advice (book an appointment or use its call-in helpline), plus free template letters (IPSEA).
• SOS!SEN, a free term-time helpline run by volunteers (SOS!SEN).
• Contact, freephone 0808 808 3555, for parents of disabled children anywhere in the UK (Contact).