SEN Support is help a school arranges itself with no legal force; an EHCP is a legally binding plan the local authority must deliver. SEN Support is the first level; an EHCP is for needs a school can't meet alone.
The distinction that matters most is one the top results tend to bury: enforceability. SEN Support is provision a school decides on and pays for from its own budget. If the school changes it, reduces it, or stops it, there is no legal remedy you can use to make them put it back. An EHCP (Education, Health and Care plan) is different: once the council issues one, it must secure the special educational provision written into Section F of the plan. That duty sits in law (Children and Families Act 2014, section 42), and you can hold the council to it at the SEND Tribunal. That is the real reason parents push for an EHCP.
SEN Support vs an EHCP at a glance
| SEN Support | EHCP | |
|---|---|---|
| Who arranges it | The school, coordinated by the SENCO | The local authority (the council) |
| What it is | Extra or different help from the school's own resources | A formal plan setting out needs, outcomes and provision |
| Legal status | No legal duty to deliver any particular help | The council has a legal duty to secure Section F provision |
| Who it's for | Most children with identified SEN | Children and young people (to 25) whose needs a school can't meet alone |
| How you get it | The school identifies SEN and starts support | You or the school request an EHC needs assessment |
| If it stops | No legal remedy | Enforceable at the SEND Tribunal |
When each one applies
SEN Support is the first level of help, delivered through the graduated approach — a four-part cycle of assess, plan, do and review that the school runs and revisits each term (SEND Code of Practice 2015, paragraph 6.44). Most children with special educational needs are supported this way, and it does not require a diagnosis; neither route does. Both turn on your child's needs and progress, not on a label.
An EHCP comes in when SEN Support is not enough — when a child's needs can't be met from the help a school normally provides. If you have reached that point, you do not need the school's permission to act. You can ask the council for an EHC needs assessment yourself, in writing, under section 36 of the Children and Families Act 2014.
Reform watch. The Schools White Paper Every child achieving and thriving (23 February 2026) proposes a new statutory Individual Support Plan and would narrow future EHCPs to the most complex needs. None of this changes the current law before September 2030, and existing EHCPs are protected — no child loses a plan they already hold. For now, the answer above is the law that applies.
- SEN Support: school-arranged, no legal force, the starting point.
- EHCP: council-issued, legally enforceable, for needs a school can't meet alone.
Where the law comes from
- SEND Code of Practice 2015 (paragraph 6.44, the graduated approach)
- Children and Families Act 2014, section 42 (duty to secure provision in an EHC plan)
- Children and Families Act 2014, section 36 (right to request an EHC needs assessment)
- DfE Education Hub: what parents need to know about SEND changes (Schools White Paper, Feb 2026)
Related
This page is general information, not clinical or legal advice.