What support can we offer working parents going through the EHCP process?

Offer flexible working (a day-one right to request since April 2024) and carer's leave (one week unpaid yearly, day one), let parents attend EHCP meetings in paid time, and signpost free SENDIASS support.

Start with the highest-leverage move

The single thing that retains a parent at risk of dropping hours is predictable time to deal with the process. An EHCP (Education, Health and Care Plan) brings a steady run of assessments, school meetings, annual reviews and clinic appointments, most of them in the working day. Agree a flexible pattern that absorbs them, and offer discretionary paid time off for EHCP meetings and appointments rather than making the parent burn annual leave. None of this requires the child to actually hold a plan. The statutory rights below turn on the child having a long-term care need or a disability, not on a finished EHCP, so you can support an employee who is still mid-assessment.

The statutory rights your employee already has

Four separate rights stack, and you can combine them. They are mostly unpaid, which is exactly why the discretionary paid layer above is what sets a good employer apart.

• Flexible working. Since 6 April 2024 the right to request is a day-one right (the old 26-week qualifying period is gone). An employee can make two requests in any 12 months, you must decide within two months, and you must consult before refusing on one of the eight statutory business grounds.
• Carer's leave. A day-one right, in force since 6 April 2024, to up to one week of unpaid leave every 12 months to give or arrange care for a dependant with a long-term care need. It can be taken as half days, full days or a whole week. You cannot refuse it, though you may postpone if the absence would cause serious disruption.
• Time off for dependants. A right to reasonable time off to deal with an unforeseen emergency involving a child, with no limit on how often. It is usually unpaid unless the contract says otherwise, and it covers emergencies, not pre-arranged appointments.
• Unpaid parental leave. Eligible employees get 18 weeks per child up to the child's 18th birthday, capped at four weeks a year. Where the child gets Disability Living Allowance or Personal Independence Payment, it can be taken a day at a time, which fits EHCP appointments and annual reviews far better than whole weeks.

The discretionary layer that actually retains people

Going beyond the unpaid statutory floor is where you keep a valued employee. The practical package is small: discretionary paid time off for EHCP meetings and appointments, a written parent-carer policy so managers apply it consistently, a named contact in HR, and signposting to free, independent advice. Charities that work with families confirm these go beyond the minimum and aid retention.

Where to point the parent next

You are the employer, not the parent's adviser on the plan itself. For the EHCP process, signpost your employee to SENDIASS, their council's free, confidential Special Educational Needs and Disabilities Information, Advice and Support Service, and to IPSEA, a charity that gives free legal advice on EHCPs. One caveat on the wider system: the Government has proposed reforms to how EHCPs work in future, but current law applies now and existing plans are protected.

This page is general information, not clinical or legal advice.