Skip to main content
Home › EHCP Guides › EHCP for Under 5s

EHCP for Under 5s: Support Before Your Child Starts School

Updated 8 October 2026 · Legal citations verified against legislation.gov.uk

Yes, a child under 5 can have an EHC plan, and you do not have to wait for school to ask for one. A parent can request an EHC needs assessment for a baby, a toddler or a nursery child, and the legal test is the same low one that applies at any age.

The short version: The council must assess a child of any age if they have or may have special educational needs and it may be necessary for provision to be made through a plan (section 36(8) of the Children and Families Act 2014). For a child under compulsory school age the law looks ahead: the question is whether they are likely to have a learning difficulty or disability by school age, or would without special educational provision (section 20(3)). For a child likely to need a plan in primary school, the SEND Code of Practice says it will often be appropriate to prepare one within one to two years of starting compulsory education (paragraph 9.148).

Can a child under 5 get an EHCP?

Yes. The right to request an assessment covers children and young people aged 0 to 25 (paragraph 9.8 of the SEND Code of Practice), and section 36(1) of the Children and Families Act 2014 lets a parent request an assessment whatever the child's age. Nothing in the Act or the SEND Regulations 2014 sets a minimum age or requires a child to be in a nursery or school. A diagnosis is not needed either, as our guide to getting an EHCP without a diagnosis explains.

Early plans are common. Department for Education figures show that requests peak just before a child starts compulsory schooling and again before the move to secondary school, and just over a quarter (26.0%) of children and young people with a plan in January 2026 were first issued it at age 4 or 5. In 2025 councils agreed to assess 75.4% of requests made for children aged 3, against 65.2% of requests across all ages (Education, health and care plans, June 2026).

Speech, language and communication needs were the most common primary need among children with plans in early years settings, at 48.5% (see our guide to an EHCP for speech and language needs).

How the law defines special educational needs for young children

For a school-age child, the test is a significantly greater difficulty in learning than most others of the same age, or a disability that prevents or hinders them from using the facilities generally provided in mainstream schools (section 20(2)). For a child under compulsory school age, section 20(3) asks whether they are likely to be in that position when they reach school age, or would be if no special educational provision were made. So a 3-year-old whose progress depends on intensive support does not fall outside the law because the support is working.

Special educational provision also shifts with age. From age 2 it means provision additional to or different from what is generally made for others of the same age in mainstream schools, maintained nursery schools, mainstream post-16 institutions and places where relevant early years education is provided (section 21(1)). Under age 2 it means educational provision of any kind (section 21(2)), so a structured home teaching programme for a toddler can count.

The Code adds two cautions. A delay in the early years may or may not mean a child has SEN, but concerns should lead to an assessment of whether an underlying difficulty lies behind it (paragraph 5.29). And difficulties that come solely from learning English as an additional language are not SEN (section 20(4) and paragraph 5.30).

Spotting needs early: the progress check at age two

Many families first see a concern written down in the progress check at age two. When a child is aged between two and three, practitioners must give parents a short written summary of their development in the prime areas: communication and language, physical development and personal, social and emotional development (paragraph 2.6 of the EYFS statutory framework in force from 1 September 2026). The summary must highlight where additional support might be needed, focus particularly on any concern about a developmental delay that may indicate a special educational need or disability and describe what the provider intends to do (paragraph 2.8).

Keep a copy: it is a dated professional record, and where possible it and the health visitor's review at age two should inform each other (paragraph 2.10). Paragraph 5.14 of the Code calls parents' early observations crucial, so if the summary misses something you see at home, say so in writing.

Health services have a duty too. Where an integrated care board, NHS trust or NHS foundation trust thinks a child under compulsory school age has, or probably has, special educational needs or a disability, it must tell you, give you the chance to discuss it and bring its opinion to the council's attention (section 23 of the Act).

SEN support in nursery: what settings should do

Early years providers that the council funds, whether maintained, private, voluntary or independent, must have regard to the SEND Code of Practice (paragraph 5.2). Maintained nursery schools must identify a SENCO and other group providers are expected to (paragraph 3.77 of the EYFS framework), and councils often use Area SENCOs to advise settings (paragraph 5.55 of the Code).

Where a setting identifies SEN it should follow the same graduated approach that schools use: assess, plan, do and review, with you involved at each stage (paragraphs 5.38 to 5.44). Where a child still makes less than expected progress, the Code says practitioners should consider involving specialists such as speech and language therapists, Portage workers or educational psychologists (paragraph 5.48). If the child still has not made expected progress, the setting should consider requesting an EHC needs assessment (paragraph 5.49). Our guide to SEN support and EHCPs compares the two levels of help.

Settings can draw on two funds. Every council must have a special educational needs inclusion fund (SENIF) for children below compulsory school age with SEN, aimed at low-level and emerging needs; support for more complex needs and EHC plans comes from the council's high needs budget. A setting caring for a child who gets Disability Living Allowance and takes up a funded entitlement can also receive the Disability Access Fund, paid at a rate of at least £975 per child per year in 2026 to 2027 (Department for Education).

None of this is a queue your child must finish first. Nothing in the law requires a set number of review cycles before you ask for an assessment, and for younger children the Code points councils to developmental milestones and the rate of progress (paragraph 9.14).

✍️

Struggling to put your child's needs into words?

EHCPhelp turns what you tell us about your child into the formal documents councils respond to. See a section written from your own answers, completely free.

See a free section →

If your child is not at nursery

A child does not need to attend any setting to be assessed. The council should collect as much information as possible before deciding whether to assess and must decide in consultation with you, taking account of the potential for special educational provision made early to prevent or reduce later need (paragraph 9.147).

For babies and toddlers, the Code expects most needs identified before age 2 to be met through local services, particularly health and, for disabled children, social care (paragraph 9.143), and asks councils to consider home-based programmes such as Portage (paragraph 9.144). A plan for a child under 2 is likely where needs are particularly complex and call for a high level of provision not normally available in mainstream settings, and a plan may be issued to give access to a specialist service that cannot otherwise be obtained, such as home-based teaching (paragraph 9.145).

A plan opens a door to early education too. A 2-year-old with an EHC plan, or one who gets Disability Living Allowance, is eligible for Early Learning for 2 year olds: 15 hours a week of free childcare for 38 weeks of the year, applied for through your council's early years team or Family Information Service.

How to request an assessment for a young child

Write to your council's SEN team, say that you are requesting an EHC needs assessment under section 36(1) of the Children and Families Act 2014 and keep proof of the date you sent it. Our guide to how to request an EHC needs assessment covers the rest.

Section 36(1) gives the right to request to the parent, a young person and a person acting on behalf of a school or post-16 institution, so a school with a nursery class can apply. A private or voluntary nursery or a childminder is not a school, but early years practitioners can bring a child to the council's attention (paragraph 9.9 of the Code). The council then becomes responsible for the child (section 24) and must decide whether a plan may be necessary (section 36(3)). Your own written request is still the clearest route, because it fixes the date the 6 week deadline runs from (see who can request an assessment).

Evidence that carries weight for a young child usually includes:

At this age you see more of your child than any professional does. Describe a typical day honestly and set out what happens without the extra help you give; our guide to writing parental views shows how.

The timeline, and one rule written for early years

The deadlines are the same at every age: 6 weeks for the decision whether to assess (regulation 5(1) of the SEND Regulations 2014), 16 weeks from your request to be told if no plan will be issued after an assessment (regulation 10(1)) and 20 weeks from your request for any final plan (regulation 13(2)).

One exception is specific to early years settings. The council need not meet these limits where that is impractical because it asked your child's early years provider for advice in the period starting one week before the provider closed for at least 4 weeks in a row and ending one week before it reopened (regulations 5(4)(b), 10(4)(b) and 13(3)). If the setting closes for a long summer break, ask it to send its advice before it closes.

What the assessment looks at for a young child

Once the council agrees to assess, regulation 6(1) requires it to seek advice and information from you, educational advice, medical advice, psychological advice from an educational psychologist, social care advice and advice from anyone you reasonably ask it to consult. For a child in an early years setting, the council should seek advice from the setting (paragraph 9.146), and for a child with a hearing or vision impairment, the educational advice must involve a person qualified to teach children with that impairment (regulation 6(2)).

Use regulation 6(1)(h) early: ask in writing for advice from the professionals who already know your child, such as their speech and language therapist or Portage worker. Paragraph 9.146 adds that the council should consider whether your child's current setting can meet their needs or whether extra support through a plan is needed, which may include a place at a different setting.

Naming a nursery or school in the plan

When the draft plan arrives you have at least 15 days to comment and to ask for a particular school or setting to be named (regulation 13(1)). The list in section 38(3) includes a maintained nursery school. If you ask for one, the council must name it unless it would be unsuitable for your child's age, ability, aptitude or SEN, or your child's attendance would be incompatible with the efficient education of others or the efficient use of resources (section 39(3) and (4); paragraph 9.149 of the Code). A maintained nursery school named in the plan must admit your child (section 43).

Private, voluntary and independent nurseries are not on the section 38(3) list, but you can still make the case for one. If the council considers the setting appropriate it can name it in the plan, and if it does it must fund the provision; it cannot make the setting admit your child unless the setting agrees (paragraph 9.149). Ask the nursery to confirm in writing that it can offer a place and meet the needs in the draft. Our guide to checking the draft plan covers the rest of your 15 days.

Starting reception with an EHCP

Most children start reception full time in the September after their fourth birthday, although full-time education is only required from compulsory school age: 31 December, 31 March or 31 August following the fifth birthday, whichever comes first (gov.uk). The move from early years education to school counts as a transfer between phases, so where a child already has a plan the council must review it and, where necessary, amend it to name the school or type of school by 15 February in the calendar year of the move (regulations 2 and 18(1)(b); paragraph 9.179 of the Code). A school named in the plan must give your child a place (section 43).

That timetable is the reason to start early. Primary school applications close on 15 January (gov.uk), and a request made while your child is 3 leaves room for the 20 week process. Councils often run over that limit: in 2025 only 46.1% of new plans were issued within 20 weeks (Education, health and care plans, June 2026). If an assessment is still running in the autumn before reception, make the normal application by 15 January as well, so your child is not left without an offer if the plan is not finished in time.

If your child is not ready for a full-time start, you can ask for a part-time or later start, but not beyond compulsory school age. A child whose fifth birthday falls between 1 April and 31 August can start in the September after they turn 5, usually in Year 1; the council or school does not have to agree to reception instead (gov.uk). While a child below compulsory school age waits to start reception, the SENIF can still support them in an early years setting.

Reviews come round faster for under 5s

Every plan must be reviewed at least every 12 months (paragraph 5.46 of the Code). For a child under five, the Code adds that councils should consider reviewing the plan at least every three to six months, in streamlined reviews that need not involve every professional, and you must be fully consulted on any proposed change (paragraph 9.178). Ask for these interim reviews if none are offered. See our guide to the EHCP annual review.

If the council says no

A refusal to assess must reach you within 6 weeks and tell you about your right to appeal, the time limits and mediation (regulation 5(3)). You can appeal to the First-tier Tribunal (SEND) on form SEND35A within 2 months of the decision, or within 1 month of a mediation certificate if that is later. Before you appeal you will usually need that certificate, which you get by contacting the mediation service named in the council's letter, even if you do not want mediation (gov.uk).

Two reasons deserve a careful look because neither appears in section 36(8). "Wait until your child is at school" sits badly with section 20(3), which is written for children under school age, and with paragraph 9.148 of the Code. "Your child is not in a setting" sits badly with paragraph 9.147, which tells councils how to decide for a child who is not in one. Our free refusal letter analyser can check the reasons in your letter, and our guide to appealing a refusal to assess walks through the SEND35A step by step.

Where things stand with the 2026 reforms

As our guide to the 2026 White Paper records, the white paper "Every Child Achieving and Thriving" sets out proposals that may change. Current law applies in full, so everything in this guide applies today.

Want the whole request pack written for you?

EHCPhelp turns a 15 minute form about your child into the complete EHCNA request: a formal letter citing the legal test, detailed parental views, an evidence checklist, a letter for the school or nursery and a deadline timeline. See a free section first, no card needed.

Try the free preview →View all pricing options

Frequently asked questions

Can a child under 5 get an EHCP?

Yes. A parent can request an EHC needs assessment at any age under section 36(1) of the Children and Families Act 2014, and the council must assess if the child has or may have special educational needs and it may be necessary for provision to be made through a plan (section 36(8)).

Does my child need to be at nursery to get an EHC needs assessment?

No. For a child not attending an early years setting, the council should collect as much information as possible before deciding whether to assess and must decide in consultation with the parent (paragraph 9.147 of the SEND Code of Practice).

Can a baby or toddler under 2 have an EHCP?

Yes, although most needs at this age are met through health and other local services. A plan may be issued to give access to a specialist service that cannot otherwise be obtained, such as home-based teaching (paragraph 9.145 of the Code).

Can the nursery apply for an EHCP for my child?

A school, including one with a nursery class, can make a request. A private or voluntary nursery or a childminder can bring your child to the council's attention (paragraph 9.9 of the Code), but your own written request is the clearest route.

When should I apply if my child starts reception next year?

As early as you can. The legal limit for the whole process is 20 weeks, but in 2025 fewer than half of new plans (46.1%) were issued within it. Primary school applications close on 15 January and a plan held in the year of the move must be reviewed by 15 February so that it names the school.

Does an EHCP help with free childcare or nursery costs?

A 2-year-old with an EHC plan or Disability Living Allowance is eligible for 15 hours a week of free childcare for 38 weeks a year. If the council names a private, voluntary or independent nursery in a plan, it must fund the provision (paragraph 9.149).

How often is an EHCP reviewed for a child under 5?

At least every 12 months, and the Code says councils should consider reviewing a plan for a child under five at least every three to six months (paragraph 9.178).

Sources

Related guides