For parents & carers

Understanding your child's EHCP

An Education, Health and Care Plan (EHCP) is a legal document describing your child's needs and the support they must receive. This guide explains what it contains, how transport is arranged, and what your rights are.

How an EHCP is created

The process from first request to final plan takes up to 20 weeks. Here is each stage.

1
Request an EHC needs assessment
You, the school, or another professional can ask the LA to carry out an assessment. The LA has 6 weeks to decide whether to proceed.
2
Assessment
The LA gathers advice from education, health and care professionals, and from you and your child. This takes up to 16 weeks from the initial request.
3
Draft EHCP issued
The LA sends you a draft plan. You have 15 days to comment, request changes, and name a school or setting.
4
Final EHCP
The LA issues the final plan within 20 weeks of the initial request. It names the school and all provision.
5
Annual review
The EHCP is reviewed at least once a year. Transport should be reviewed too — circumstances change.
6
Ceases at 25
An EHCP continues until the young person no longer needs it, leaves education, or reaches 25.

The sections of an EHCP

An EHCP is structured into labelled sections, each covering a different aspect of your child's needs and provision.

A
Child's views, wishes and feelings
Your child's own perspective on their life, learning, and what helps them.
B
Child's health needs
Physical or mental health needs that affect education. Includes diagnoses.
C
Child's social care needs
Care and support needs identified by social care services.
D
Child's outcomes
The goals the EHCP is designed to help your child achieve.
E
Special educational provision
The specific support your child must receive.
F
Health provision
Any health services that must be provided as part of the plan.
G
Social care provision
Social care support the council must arrange.
H1/H2
Any other social care provision
Social care under the Chronically Sick and Disabled Persons Act.
I
School or placement
The school or educational setting named in the EHCP.
J
Personal budget
Any personal budget for education, health or social care.
K
Appendices
Reports, assessments and evidence from professionals.

Transport and the EHCP

Transport is not a section of the EHCP itself, but the plan's decisions directly determine entitlement.

When does my child have a right to free transport?
If your child is under 16 and attends the nearest suitable school named in their EHCP and it is more than the statutory walking distance from home (2 miles under 8; 3 miles over 8), the LA must arrange free transport.
What if we need a different school to the nearest one?
The LA is only required to fund transport to the nearest suitable school. If a parent chooses a different school, they may be asked to contribute to transport costs unless the choice is clearly more suitable.
What does 'nearest suitable school' mean?
'Suitable' means appropriate for the child's age, ability and aptitude, and for their SEND needs. It is not simply the geographically nearest school.
Are post-16 students entitled to transport?
There is no statutory duty for LAs after 16, but LAs must have a post-16 transport policy and can fund it. Many do, particularly for young people with EHCPs attending specialist provision.
Can we choose our own transport provider?
If the LA arranges transport, they choose the provider. If you opt for a personal transport budget, you can make your own arrangements within the terms agreed with the LA.
What if we are unhappy with the transport arrangement?
You can raise a concern with the transport provider first, then escalate to the LA. You also have the right to appeal LA transport decisions to an independent panel, and ultimately to the Local Government Ombudsman.

Your rights as a parent or carer

Right to request an EHC needs assessmentParent, young person, school
Right to request a specific school in the planParent / young person
Right to 15 days to comment on the draftParent / young person
Right to appeal to SEND tribunalParent / young person
Right to mediation before tribunalParent / young person
Right to annual reviewParent, school, LA
Right to request an early reviewParent / school
Questions about your child's transport?
Speak to your Vayacare operations contact or ask your LA transport team. Most EHCP transport questions can be resolved in a single call.