Final EHCP Issued: What Happens Next
The final EHC plan has arrived. For most families that moment comes after months of requests, assessments and drafts, so let it land properly: this document changes your legal position from the day it is issued. Support that used to be a promise is now a duty. A final plan also starts several clocks at once, including your appeal deadline if something in it is wrong. Here is what the plan obliges everyone to do, what to do if the support does not appear and how to keep the document working for your child year after year.
Section 42: the duty that makes the plan worth having
From the moment the plan is final, section 42 places a duty on the local authority to secure the special educational provision specified in the plan. In parallel, the responsible health commissioning body must arrange the health care provision written in section G. The only exception built into the section applies where the parent or young person has made suitable alternative arrangements themselves.
Notice what the section does not say. It does not say the authority must secure the provision "where resources allow" or "as far as reasonably practicable". The word is must. The duty also sits with the council, not with the school: if the school cannot staff or fund what section F requires, that is a problem the local authority has to solve, not one you or the school are left holding.
This is also why the wording of section F matters so much. The duty attaches to what is written. Quantified provision, with hours, frequency and the person delivering it, can be checked and enforced; vague provision cannot. If your final plan is woolly, read our guide to what good section F provision looks like before deciding whether to appeal.
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See a free section →If the provision does not start
In the first weeks, check delivery against section F line by line. If something is missing:
- Raise it with the school first, in writing, and ask when it will start. Often the school is waiting on funding or a therapist, and your email surfaces the blockage.
- Write to the local authority's SEN team if there is no start date. Quote the exact wording of section F, state that section 42 of the Children and Families Act 2014 requires the authority to secure this provision and ask for written confirmation of when it will begin.
- Use the council's formal complaints procedure if it still does not start, attaching your dated paper trail.
Keep every date and every reply. The tribunal deals with what a plan says rather than whether it is being delivered, so non-delivery is pursued with the council directly, and a documented pattern of missed provision is also powerful evidence at the next review.
The review cycle begins (section 44)
Under section 44 the local authority must review the plan within 12 months of it being made, and then within every 12 months of the last review. The review checks whether the needs in section B are still right, whether the provision in section F is working and whether the outcomes in section E are being met. You or the school can also ask for a re-assessment if needs have changed significantly. Diary the anniversary now, and keep a simple log through the year of what was delivered and what changed; it becomes your evidence when the review comes round. Our annual review guide covers the meeting, the paperwork and the deadlines in full.
If the final plan is wrong: your appeal rights
You do not have to live with a bad final plan. Under section 51(2)(c) you can appeal to the First-tier Tribunal (SEND) about the special educational needs in section B, the provision in section F, the school named in section I or the fact that no school is named.
- Mediation first, usually. Under section 55 you need a mediation certificate before registering the appeal, unless your appeal is only about section I. You only have to consider mediation by contacting a mediation adviser for information; you do not have to attend, and attending is free if you choose to.
- The form is SEND35 for appeals about a plan's contents, and there is no fee.
- The deadline is 2 months from the decision letter or 1 month from the mediation certificate, whichever is later.
Families that take this route succeed far more often than not: in 2024/25 about 25,000 SEND appeals were registered and 99% of those decided went in the family's favour (Ministry of Justice tribunal statistics). Our guide to appealing the contents of a plan walks through the grounds and the evidence.
Keeping the plan alive
- Give a copy to every adult who works with your child, not just the SENCO. Section F only helps if the people delivering it have read it.
- Keep a master copy plus a one page delivery log: what happened, what slipped, with dates.
- Note changes in your child's needs as they happen, so the next review amends the plan rather than rubber stamping it.
- If you move to another council area, the plan moves with you. Regulation 15 transfers it to the new authority, which must maintain it as if it had made it.
- An EHC plan can remain in place up to age 25 while a young person stays in education or training, and from the end of compulsory school age the rights in the legislation are exercised by the young person themselves.
A final plan is not the finish line, but it is the point where the law moves onto your side of the table. Used well, reviewed every year and enforced when it slips, it is the single strongest tool your child has.
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Frequently asked questions
Who is responsible for delivering an EHC plan, the school or the council?
The council. Section 42 of the Children and Families Act 2014 places the duty to secure the provision in section F on the local authority, and the duty to arrange the health provision in section G on the responsible health commissioning body. The school delivers much of it day to day, but the legal responsibility does not move.
Do I need a mediation certificate before appealing a final EHCP?
Usually yes. Under section 55 you need a mediation certificate before registering an appeal about sections B or F. The exception is an appeal only about the school named in section I, or the absence of one, which needs no certificate. You only have to consider mediation by speaking to a mediation adviser; attending is voluntary and free.
How long do I have to appeal a final EHC plan?
Two months from the local authority's decision letter or one month from the date of a mediation certificate, whichever is later. The form for appeals about a plan's contents is SEND35 and there is no fee.
How often must an EHC plan be reviewed?
Within 12 months of the plan being made and then within every 12 months of the last review, under section 44 of the Children and Families Act 2014. You or the school can also request a re-assessment if your child's needs have changed significantly.