How do I get speech and language therapy written into an EHC plan?

How do I ask for an EHC needs assessment, and how long does it take?

You write to the local authority and ask. This guide is for England only, because Wales, Scotland and Northern Ireland have different systems. Section 36(1) of the Children and Families Act 2014 says a request for an EHC needs assessment may be made by the child's parent, by a young person, or by someone acting for a school or post-16 institution.¹ The authority must then secure an assessment if it thinks the child has or may have special educational needs, and that it may be necessary for special educational provision to be made through an EHC plan (section 36(8)).¹ You have the right to express views and send in evidence (section 36(7)).¹ IPSEA, the SEND law charity, says an authority can't lawfully refuse because you haven't included evidence of earlier involvement from a specialist such as a speech therapist, because that isn't part of the legal test.²

The timescales are set by the SEND Regulations 2014 and explained in the SEND Code of Practice, which is statutory guidance. The authority must tell you its decision on whether to assess within six weeks of receiving your request (regulations 4 and 5, and Code paragraphs 9.11 and 9.41).³⁴ The final plan must be sent within 20 weeks of the request (regulation 13(2) and Code paragraph 9.40), apart from the limited exemptions in paragraph 9.42.³⁴ If it decides not to issue a plan after assessing, it must tell you within 16 weeks of the request (paragraph 9.41).⁴

Where do speech and language needs and provision go in the plan, and why?

Needs go in Section B and the provision to meet them goes in Section F. Paragraph 9.62 of the Code lists the sections every plan must have, with Section B for special educational needs and Section F for the special educational provision required.⁴ Under section 37(2) of the Act, a plan must specify the child's special educational needs and the special educational provision they need.⁵ The table of plan contents that follows paragraph 9.69 says all of a child's identified needs must be specified in Section B, and that provision must be specified in Section F for each and every need in Section B.⁴

Speech and language therapy can be health provision or educational provision, so where does it go? Paragraph 9.74 of the Code says it can be regarded as either, or both. But since communication is so fundamental in education, addressing speech and language impairment should normally be recorded as special educational provision unless there are exceptional reasons, and the decision has to be made on an individual basis.⁴ Under section 21(5) of the Act, health care provision which educates or trains a child is to be treated as special educational provision, and paragraph 9.73 says such provision must appear in Section F.⁶⁴

What does "specified and quantified" mean?

It means the plan says exactly what the child will get, not just that they'll get something. The Code says Section F provision must be detailed and specific and should normally be quantified, for example in terms of the type, hours and frequency of support and the level of expertise.⁴

Here is a generic illustration, not any real child's plan. A vague version might read: "[Child] will have access to speech and language therapy as appropriate." Nobody can tell from that whether the child gets anything, how much, or from whom, so it's hard to check and hard to enforce.

A specific version follows a pattern like this: "[Child] will have [number] minutes of [individual or group] speech and language therapy [how often], delivered by [who], with the programme reviewed [when] and written guidance given to [which staff]." It names the type, the hours, the frequency and who provides it. The right numbers for a particular child come from an assessment of that child, so please don't copy figures from anywhere else into a request.

Does the council have to deliver what Section F says?

Yes. Section 42(2) of the Act says that where a local authority maintains an EHC plan, it must secure the specified special educational provision.⁷ The duty doesn't apply if the child's parent has made suitable alternative arrangements (section 42(5)).⁷ Paragraph 9.76 of the Code says that where therapy is treated as educational provision, ultimate responsibility for ensuring it is made rests with the local authority.⁴

A vague promise is hard to hold anyone to. IPSEA has said that, until Parliament passes new legislation, the Act and the Regulations still apply in full, even though the Government has consulted on SEND reform, and that families can take legal action if specified provision isn't delivered.⁸ If that changes, please check the current position with IPSEA.

What do I do if the draft plan is vague?

Use the draft period. The authority must give you at least 15 days to make representations on the draft plan, and must arrange a meeting with an officer if you ask (regulation 13(1) and Code paragraph 9.77).³⁴ It must send the advice gathered during the assessment with the draft.⁴ Put your comments in writing and keep a copy.

• Check that every need in Section B has matching provision in Section F.
• Ask for the type of provision, hours, frequency and who delivers it to be stated, instead of "as required" or "access to".
• Compare the plan with the therapy advice it was based on. The Code says where the authority departs from advice it should say so and give reasons.⁴
• Ask for the changes in writing, and ask for a meeting.

If the final plan is still unclear, you can appeal to the SEND Tribunal. GOV.UK says you can appeal if you disagree with the plan, or if the authority refuses to change the education sections (B, F and I), and that in most cases you must talk to a mediation adviser before you appeal.⁹ There are deadlines, so check the GOV.UK page.

Where can I get free help?

IPSEA has free guides and template letters, including one for asking for an EHC needs assessment.² GOV.UK lists IPSEA among sources of free help and advice, along with your local information, advice and support service through the IASS Network.⁹ These local services, often called SENDIASS, are meant to be impartial, confidential and accessible, and the authority's Local Offer must say how to reach one.⁴

For your child's health, your GP or health visitor is the first call. The nursery or school SENCO (special educational needs coordinator) can tell you what the setting is already doing and what they've noticed.

What happens if I get in touch?

The free 15-minute call is a chance to tell me where you are, whether that's a first request, a draft plan or an appeal. You don't need a report to ask for an assessment. If you want an independent one, the assessment is £270 and the written report is £95 on top, and the SEND Tribunal package is £1,650 (all on the fees page). The assessment guide covers the session, my EHCP and tribunal reports page explains what a report contains, and I can't promise what an authority or Tribunal will decide.