EHCP Process for Dyslexia
You might have heard whispers about something called an Education, Health and Care Plan (EHCP), followed quickly by warnings like, “Local Authorities never give EHCPs just for dyslexia.”
We are here to tell you that this is a myth.
While it is true that securing an EHCP for dyslexia can be a battlefield, national law is on your side. If your child’s dyslexia is severe, complex, or impacting their emotional wellbeing, they have a legal right to statutory support.
Here is your step-by-step, no-nonsense operational guide to understanding the framework, building an case, and securing the support your child deserves.
1. What Exactly is an EHCP (and Does Dyslexia Qualify)?
An EHCP is a legally binding document issued by your Local Authority (LA). It details a child’s specific educational, health, and social care needs, the precise support required to meet those needs, and the specific school they should attend.
Under the SEND Code of Practice, dyslexia is categorized as a Specific Learning Difficulty (SpLD) within the Cognition and Learning area of need.
LAs frequently try to argue that dyslexia is just an “instructional issue” that mainstream schools should handle out of their standard budgets. However, dyslexia rarely exists in a vacuum. It often co-occurs with:
- Working memory deficits
- Slow verbal processing speeds
- Dyspraxia (coordination challenges) or ADHD
- Secondary Mental Health Issues: Chronic frustration in school frequently leads to severe school anxiety, low self-worth, and school avoidance.
When you look at the whole child not just a label the necessity of an EHCP becomes clear.
2. The Pyramid of Support: The Graduated Response
Before an LA steps in with a statutory plan, they expect to see that the school has tried and exhausted its standard internal support system, known as the Graduated Response (Assess, Plan, Do, Review).
Mainstream schools have a “Notional SEN Budget” (typically up to £6,000 per pupil, per year) to fund standard reading interventions, multi-sensory tools, and extra help.
The Legal Tipping Point: When a school repeats this cycle multiple times and your child’s progress flatlines, or the specialized support your child requires costs more than the school’s £6,000 threshold, school-based support is legally deemed insufficient. This is when you step up to an EHCP application.
3. The 20-Week EHCP Timeline
From the moment an application is submitted, the Local Authority has a strict statutory timeline of 20 weeks to deliver the final document.
The “Low Threshold” Legal Test
You don’t have to prove an EHCP is definitively required on day one. Under Section 36(8) of the Children and Families Act 2014, the LA must secure an assessment if the child has or may have special educational needs, and it may be necessary for an EHCP to be put in place. Note the word “may” the legal bar to get an assessment started is intentionally low.
4. The “Holy Trinity” of Your Draft EHCP: Sections B, F, and I
If the LA agrees to issue a plan, you will receive a draft. Print it out and grab a highlighter. You need to look for the “Golden Thread” connecting three vital sections:
- Section B (Needs): Must explicitly list every single need (e.g., phonological delays, working memory deficits, anxiety). If it’s not in Section B, they don’t have to provide help for it.
- Section F (Provision): This is the holy grail. It is legally binding. It must state exactly who will deliver what, for how long, and how often. Reject vague language entirely.
- Section I (Placement): The specific school your child will attend.
Vague vs. Specific: What to Watch For
| Reject Vague “Cop-Out” Wording | Demand Enforceable Specificity |
| “The child will have access to regular literacy support as required.” | “The child will receive 1 hour of 1:1 direct intervention per school day, delivered by a Level 7 SpLD specialist teacher.” |
| “Opportunities for assistive tech should be explored.” | “The child must be provided with a dedicated laptop configured with Read&Write software in all text-heavy lessons.” |
5. Essential Accommodations for Dyslexia
Ensure your child’s EHCP includes quantified, evidence-based provisions such as:
- Structured Literacy Interventions: Cumulative, multi-sensory synthetic phonics delivered 1:1 or in micro-groups.
- Assistive Technology Frameworks: High-quality text-to-speech software, dictation tools, and exemption from heavy manual copying tasks.
- Exam Access Arrangements (EAA): Hard-wiring entitlements to 25%–50% extra time, a human reader, or a scribe to establish a “normal way of working” before major exams.
6. What If the Local Authority Says No?
Don’t panic. LAs routinely issue refusals as a cost-control measure, hoping exhausted parents will give up.
If you receive a Refusal to Assess or a Refusal to Issue, you have a strict legal window of two months to lodge an appeal with the independent SEND Tribunal.
Here is the ultimate reassurance: parents win over 90% of cases that go to the SEND Tribunal. The independent judge does not care about the local council’s budget; they only care about national law and your child’s clinical evidence.
7. Suspect Dyslexia? Your Essential First Step
If your child is struggling but doesn’t have a formal diagnosis yet, you cannot rely entirely on the school to spot it. Waiting for a school-led referral can take months or even years of precious intervention time.
If you feel your child (or you yourself) might be dyslexic, the definitive first step is to undertake a dyslexia screening with a trusted, qualified provider, such as the Indigo Dyslexia Centre.
Securing an independent assessment gives you an objective, standardized baseline of your child’s cognitive profile, phonological processing speeds, and working memory.
Parent Checklist: Staying One Step Ahead
- Audit the School File: Request copies of all Individual Education Plans (IEPs) and tracking metrics via a Subject Access Request (SAR).
- Book a Screening: Secure a screening from a specialized provider like the Indigo Dyslexia Centre to rule dyslexia in or out If the result is a high probability.
- Book a Diagnostic Assessment: Secure an expert Diagnostic Assessment report by Educational Psychologist or level 7 Specialist Teacher.
- Keep a “Home Distress” Diary: Document morning meltdowns, homework anxiety, and physical symptoms like headaches. This proves the secondary emotional impact (Section B).
- Submit Directly: Remember, you don’t need the school’s permission to write to the LA and request an assessment yourself!
More information
IPSEA: Independent Parental Special Education Advice
IPSEA offers free and independent legally based information, advice and support to help get the right education for children and young people with all kinds of special educational needs (SEN) and disabilities. They have template letters for applying for an EHCP. To book an advice line appointment visit www.ipsea.org.uk
Council for disabled children
Website: https://councilfordisabledchildren.org.uk
SOS SEN
SOS SEN offer a free, confidential telephone helpline for parents and others looking for information and advice on Special Educational Needs and Disability (SEND).
National Helpline: 0208 538 3731
Website: www.sossen.org.uk
