The Numbers Don't Lie
If you're a parent of a child with special educational needs, the chances of successfully securing an Education, Health and Care Plan depend enormously on something you might not expect: your postcode.
Our analysis of Department for Education data covering every local authority in England reveals a stark picture. When you look at the end-to-end journey — from submitting an EHCP request to actually receiving a plan — the success rate varies from over 94% in the best-performing councils to under 35% in the worst.
That's not a small gap. It means a child in one part of England is almost three times more likely to receive the support they're legally entitled to than a child with identical needs living just a few miles away.
What the Data Shows
We analysed six years of data (2019 to 2024) from every local authority in England. Here's what we found:
The Request-to-Plan Rate
This is the most honest single metric for parents: of all EHCP requests submitted, what percentage actually resulted in a plan being issued?
The national average sits at around 61% — meaning nearly 4 in 10 families who request an EHCP don't end up with one. But the variation between councils is enormous:
- Top performers like Portsmouth (94%) and St. Helens (92%) approve the vast majority of requests
- Bottom performers like Leeds (31%) and Plymouth (34%) approve fewer than 1 in 3
- The national average of 61% masks a system where outcomes depend heavily on geography
Refusal Rates: The First Hurdle
Before an assessment even begins, councils decide whether to accept the request. The national refusal rate varies wildly:
- Some councils refuse fewer than 5% of requests
- Others refuse over 50%, meaning more than half of families are turned away before assessment even starts
- A low refusal rate sounds positive, but it doesn't guarantee a good outcome — some councils accept most requests for assessment but then don't issue plans
Timeliness: The 20-Week Promise
The law says councils must complete an EHCP assessment and issue a plan within 20 weeks. In reality:
- The best councils like Darlington and South Tyneside issue over 90% of plans on time
- The worst performers manage under 15%
- Many families wait months or even years beyond the legal deadline
Why Does This Happen?
Several factors drive these differences:
Funding pressures. Councils with tighter budgets face pressure to limit the number of EHCPs they issue, since each plan creates a legal obligation to fund the specified support.
Staffing and capacity. Some councils have well-resourced SEND teams that can process assessments efficiently. Others are chronically understaffed, creating backlogs that delay decisions.
Culture and thresholds. Different councils interpret the SEND Code of Practice differently. Some take a broad, inclusive approach; others apply stricter thresholds for assessment.
Demand growth. The total number of EHCPs in England has risen dramatically — up over 50% in five years. Some councils have been overwhelmed by demand growth that outpaces their capacity.
What Parents Can Do
1. Know Your Council's Track Record
Before starting the EHCP process, check your council's performance on our EHCP Waiting Times Map. This gives you realistic expectations and helps you prepare for potential challenges.
2. Build a Strong Evidence Base
Regardless of where you live, a well-evidenced request is harder to refuse. Gather:
- School records: reports from teachers, SENCo assessments, Individual Education Plans
- Professional assessments: educational psychologist reports, speech and language therapy reports, occupational therapy assessments
- Medical evidence: paediatrician letters, diagnosis reports
- Your own evidence: a diary of your child's needs, examples of how they struggle, and what support has been tried
3. Use the Legal Framework
Your right to request an assessment is enshrined in the Children and Families Act 2014. Councils can only legally refuse if they believe the child does not have or may not have SEN, or that the special educational provision required can be provided from within the school's own resources.
4. Don't Accept a Refusal Without Challenge
If your request is refused, you have the right to:
- Ask for a clear, written explanation of why
- Request mediation through your local mediation service
- Appeal to the SEND Tribunal (this is free and you don't need a lawyer)
Data shows that the majority of tribunal appeals are decided in favour of parents. Many councils change their decision before the case even reaches tribunal.
5. Seek Support
Organisations like IPSEA and SOS!SEN offer free advice and support for parents navigating the EHCP process. Your local SENDIASS (Special Educational Needs and Disabilities Information, Advice and Support Service) can also help — it's a free, impartial service available in every local authority.
The Bigger Picture
The variation we see in EHCP outcomes is a symptom of a system under pressure. The Children and Families Act 2014 created a framework that should deliver equal support regardless of geography, but funding constraints, capacity issues, and differing local interpretations mean the reality falls far short of that ideal.
For parents, the key takeaway is this: be informed, be prepared, and don't give up. The data shows that persistence pays off, especially when backed by strong evidence and an understanding of your legal rights.
Use our interactive EHCP map to see exactly how your council performs — and use that knowledge to advocate effectively for your child.
All data in this article is sourced from the [Department for Education's SEN2 statistics](https://explore-education-statistics.service.gov.uk/find-statistics/education-health-and-care-plans), the most recently published dataset covering academic years 2019 to 2024.