Education, Health and Care Plans: Why They May Be Reserved for the Most Complex SEND Cases

Education, health and care (EHC) plans already sit above SEN support in England's system, intended for children and young people with the most complex needs. Reports discussing plans to reserve EHC plans for the most complex SEND cases only appear to reflect proposed policy direction rather than a confirmed change to statutory criteria, so families should treat this as a live discussion rather than settled law. What is clear from official data is that the system is already tiered, under pressure, and worth understanding properly regardless of how any reform lands.

How the system already works

Most pupils identified with special educational needs in England are supported without an EHC plan. In 2024/25, 14.2% of pupils were recorded on SEN support compared with 5.3% who had an EHC plan, according to the Department for Education (DfE, Special educational needs in England, 2024/25). Around 1.7 million pupils, about 18.4% of the school population, were recorded as having SEN overall, which underlines that any tightening of EHC plan criteria would still leave a very large group supported through SEN support rather than a plan. For a fuller picture of these figures, see our piece on record numbers of children with SEND in the UK.

Why demand for plans has grown

There were 638,700 active EHC plans in 2025, up 10.8% on the previous year, and new requests for EHC needs assessments reached around 154,500 in 2024, up 11.8% on the prior year (DfE, Education, health and care plans, 2025). This scale of growth is often cited as context for discussions about tightening eligibility, since it puts pressure on local authorities already working to statutory timescales, including a 6-week window to decide whether to assess and a 20-week limit from request to final plan (IPSEA; SEND Code of Practice 2015).

What \"reserved for the most complex cases\" might mean in practice

It is worth being cautious here. No confirmed DfE policy document currently sets out a specific new threshold for EHC plans, so this remains a matter of reported discussion rather than settled reform. What the existing SEND Code of Practice already establishes is a graduated approach of assess, plan, do and review, normally revisited with families at least three times a year, which underpins how needs are identified and supported before an EHC plan is even sought. If eligibility criteria were to tighten further, this graduated process would likely become even more central to how schools build the evidence base that any EHC needs assessment request relies on.

Identification is not as consistent as it should be

Any conversation about who qualifies for the most intensive support routes has to reckon with how unevenly needs are currently identified. Research from Durham University indicates that identification of learning difficulties depends on school context, gender, family income and first language as well as attainment (Durham University, 2026). Fewer than 2% of pupils in England are identified as having a specific learning difficulty, against international estimates suggesting 5 to 10% are affected (Durham/The Conversation, 2026). EEF guidance is clear that identifying needs depends on teachers' observation and professional judgement working alongside data, not data alone (EEF, SEND in Mainstream Schools). For families wanting to understand this landscape further, our guides on how schools identify learning difficulties and undiagnosed SEN in UK schools go into more detail.

Support does not begin and end with a plan

It is worth remembering that schools must not assume a formal diagnosis is required before identifying a special educational need or beginning support (SEND Code of Practice 2015). EEF guidance places high-quality inclusive teaching at the heart of effective provision for pupils with SEN in mainstream schools, suggesting that most day-to-day support already sits within classroom practice rather than an EHC plan. This matters whether or not eligibility criteria change, because it means a huge amount of useful support happens through SEN support, not through the statutory plan route.

What families can do now

If a child is going through SEN support or an EHC needs assessment request, a few practical safeguards remain in place regardless of any policy shift. Every local authority funds a SEND information, advice and support service (SENDIASS), offering free and impartial guidance to families weighing up SEN support versus an EHC needs assessment (IASS Network). Parents can also appeal EHC decisions to the First-tier Tribunal (SEND), with mediation available first, if a request is refused or a plan is not issued (gov.uk). Our practical guide on how to advocate for school support walks through these steps in more depth.

This is also where keeping a clear record of a child's progress, patterns and needs at home becomes genuinely useful, not as a diagnostic tool but as evidence to bring to school conversations. Milo is built for exactly this: helping parents notice and document patterns over time, so that whatever the outcome of any EHC threshold review, families arrive at meetings with schools better prepared to describe what they are seeing and why it matters. It is a support for the conversation, not a replacement for professional assessment or the graduated process schools already follow.

Sources and further reading

• DfE, Special educational needs in England, 2024/25
• DfE, Education, health and care plans, 2025
• SEND Code of Practice 2015
• IPSEA, asking for an EHC needs assessment
• First-tier Tribunal (SEND)
• IASS Network, find your local SENDIASS
• EEF, SEND in Mainstream Schools
• Durham University, 2026
• Qwixl Insights glossary for terms like EHC plan and SEN support