EHCP Inconsistencies Across Counties: Understanding and Challenging the Postcode Lottery

If you’ve ever compared your child’s Education, Health and Care Plan (EHCP) to another family’s, you may have noticed some stark differences. The reality is that the support children receive can vary dramatically depending on where they live—a phenomenon often called the “postcode lottery.” This lack of standardisation in EHCP formats, funding, and provision across local authorities is a source of frustration and confusion for many families. Here’s how to spot these inconsistencies, what you can do about them, and why knowing your rights is so important.

The Lack of Standardisation: Why Does It Happen?

Despite national laws and guidance, local authorities have significant discretion in how they write EHCPs, allocate funding, and deliver support. Your documents highlight that some councils use lengthy, detailed plans, while others are brief and vague. Funding bands for similar needs can differ by thousands of pounds. Even the language used to describe needs and provision can be inconsistent, making it hard to compare or transfer plans between areas.

This variation is partly due to differences in local budgets, policies, and even the cost of living. For example, London boroughs often allocate more funding per child than authorities elsewhere. However, this doesn’t always translate into better or more consistent support.

Spotting and Addressing Gaps or Vague Language in Your Child’s EHCP

A common pitfall is vague or generic wording in EHCPs. Phrases like “access to support as needed” or “regular input from a teaching assistant” are open to interpretation and difficult to enforce. If your child’s plan lacks detail, ask for specifics:

• What type of support will be provided?

• Who will deliver it, and what are their qualifications?

• How many hours per week, and in what setting?

• How will progress be measured?

If sections are left blank—especially for health or social care—ask why, and request a review if you believe needs have been overlooked. The SEND Code of Practice requires provision to be “detailed and specific,” so don’t be afraid to push for clarity.

What to Do if Your Child’s Funding or Provision Seems Less Than in Other Areas

It’s natural to feel frustrated if you discover that children with similar needs in other counties receive more support or higher funding. While local authorities do have some flexibility, they must still meet your child’s identified needs. If you believe your child’s provision is inadequate:

• Gather evidence of what’s provided elsewhere (anonymised EHCPs, published funding bands, or case studies).

• Ask your local authority to explain the rationale for your child’s funding and provision.

• If you’re not satisfied, request a review or consider appealing the plan’s content.

Remember, the law requires that provision in the EHCP is based on need, not local resources.

Moving Between Local Authorities: Transferring EHCPs and Ensuring Continuity

Relocating can be daunting when your child has an EHCP. By law, the new local authority must adopt the existing plan immediately upon your move. Within six weeks, they must review the EHCP and decide whether to keep it as is, amend it, or carry out a new assessment.

To ensure continuity:

• Inform both authorities of your move as early as possible.

• Keep copies of all EHCP documents, reports, and correspondence.

• Attend the review meeting and highlight any differences in local provision or funding.

• If the new authority proposes changes you disagree with, you have the right to challenge them.

Understanding Your Rights Under the Children and Families Act 2014 and SEND Code of Practice

The Children and Families Act 2014 and the SEND Code of Practice set out your child’s rights to assessment, support, and review. These laws require that EHCPs are based on individual need, not local policy or budget. If you feel your child’s rights are being ignored, you can:

• Request a review or reassessment.

• Use the local authority’s complaints process.

• Appeal to the SEND Tribunal if necessary.

Being informed and assertive is your best defence against the postcode lottery. Don’t be afraid to ask questions, challenge vague or inadequate provision, and seek clarity at every stage.

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Disclaimer: This blog post provides general information for educational purposes only. It is not legal advice. Outcomes can vary based on your personal circumstances.