If your child has special educational needs or disabilities (SEND) but doesn’t yet have an Education, Health and Care Plan (EHCP), you’re not alone — and you may be shocked to learn what this really means when it comes to their safety and support in school.
Many parents assume that if their child is in school, then they are automatically being safeguarded. But here’s the truth:
Without an EHCP, schools are not legally obligated to put in place all the specialist support your child may need to be kept truly safe.
What Does the Law Actually Say?
Mainstream schools have a legal duty under the Equality Act 2010 to make “reasonable adjustments.” But this only goes so far. Without an EHCP, there’s no statutory requirement for them to:
- Provide 1:1 support
- Fund specialist therapies or provisions
- Offer tailored interventions or equipment
- Adjust staffing ratios for safety
This means children who are struggling — emotionally, physically, or academically — may fall through the cracks. And sadly, many do.
Real Stories From Parents
At AskEllie, we’ve spoken to hundreds of parents whose children:
- Were regularly sent home due to ‘overwhelm’ or dysregulation
- Were not given safe spaces to regulate in school
- Were bullied or misunderstood without proper adult supervision
- Experienced EBSA (Emotionally Based School Avoidance) and ended up out of education
All because they didn’t yet have an EHCP in place.
So What Can You Do?
- Apply for an EHCP Needs Assessment
You do NOT need the school’s permission to apply. Parents can apply directly to their local authority. We’ve made this easy with our free template letter and checklist – available now at AskEllie.co.uk - Keep Evidence
Start building a timeline: notes, emails, exclusions, reports, behaviour logs, medical visits — it all helps. - Mention Safeguarding
In your EHCP request or complaint, clearly explain that your child cannot be fully safeguarded without the appropriate level of provision. This often strengthens your case. - Get Help Writing It
Use AskEllie+, our free AI assistant trained on SEND law, to help you write letters, respond to LA emails, and know your rights.
Our Message to Parents
You shouldn’t have to fight this hard. But until the system changes, it’s vital that you know where you stand legally — and what tools are available.
At AskEllie, we’ve been through it ourselves. We’re parents, not professionals. And we created Ellie to help others avoid the same delays, stress, and burnout we went through.
If your child is in mainstream school with SEND and no EHCP, take action today. Don’t wait until a crisis.
Ready to Start?
Visit www.askellie.co.uk and search “EHCP” to:
- Download our free EHCP request template
- Access our checklist of supporting evidence
- Chat with AskEllie+ to get advice specific to your situation
Disclaimer: This article is for information only and does not constitute legal advice. For full legal support, contact a qualified SEND solicitor or advocacy service.
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