EHCP for a Deaf Child in England: The Complete Process

This guide covers England; the SEND systems in Wales, Scotland, and Northern Ireland differ. Getting an Education, Health and Care Plan for a deaf child in England is supposed to take 20 weeks. In practice, over half of EHCPs exceed that statutory deadline, and families of deaf children face specific barriers that hearing families don't — because Local Authorities routinely underestimate the impact of hearing loss on educational access, particularly for children with "mild" or unilateral losses who appear to cope in quiet one-to-one settings.

SEN Support vs. EHCP: Which Does Your Child Need?

Under the SEND Code of Practice (2015), support for deaf children operates on two tiers:

SEN Support is school-based. The school identifies the child's needs through its own assessment process, creates a support plan, and implements adjustments funded from its existing budget. For many deaf children, SEN Support provides a Teacher of the Deaf (QToD) from the Local Authority's Sensory Support Service on a visiting basis, radio aid (DM system) provision, and reasonable classroom adjustments.

An EHCP is a statutory, legally binding document issued by the Local Authority. It names specific provision — specialist staffing, equipment, placement, therapy — and the LA is legally required to secure everything named in Section F (special educational provision). An EHCP carries rights that SEN Support doesn't: annual review, placement preference, and the right to appeal to the SEND Tribunal.

Your child likely needs an EHCP rather than SEN Support if:

• They need a specialist placement (resource provision, unit for deaf children, or a school for the deaf)
• The level of QToD or Teaching Assistant support they need exceeds what the school can fund from its own budget
• They need speech and language therapy, educational psychology, or audiology services named as educational provision (not just health provision)
• SEN Support has been in place and your child is not making expected progress

The 20-Week EHCP Process

Weeks 1–6: Request and decision to assess. Anyone can request an EHC needs assessment — you, the school, or a professional. The LA has six weeks to decide whether to assess. They should agree if there is evidence that the child may need provision beyond what the school can provide at SEN Support. If they refuse, you can appeal to the SEND Tribunal.

Weeks 6–16: Assessment. The LA must seek advice from the child or young person and parent, the child's education provider, a medical practitioner, an educational psychologist, social care, any other person it considers appropriate, and anyone the parent or young person reasonably asks it to consult. For a child with hearing impairment, regulation 6(2) also requires advice from a person with expertise in teaching children with hearing impairment. Ask the LA to identify that specialist, such as a Qualified Teacher of the Deaf, and request educational audiology advice where relevant.

Weeks 16–20: Decision and draft EHCP. The LA decides whether to issue an EHCP and sends you a draft. You have 15 calendar days to comment on the draft and request a particular school placement. This is your window to challenge provision that's too vague or missing entirely.

Week 20: Final EHCP. The LA issues the final plan, naming the school and all provision. If you disagree with the final EHCP — the provision named, the placement, or the decision not to issue one — you can appeal to the SEND Tribunal.

What the EHCP Should Specify for a Deaf Child

A good EHCP for a deaf child is specific. A bad one says things like "access to specialist support" or "a supportive listening environment." Here's what specificity looks like:

Section B (needs) should describe:

• The child's audiological profile (type, degree, and configuration of hearing loss in each ear)
• Their primary communication mode (BSL, spoken English, Sign Supported English, Total Communication)
• The impact of hearing loss on language development, literacy, social interaction, and listening fatigue
• Technology in use (hearing aids, cochlear implants, bone-anchored devices, radio aids)

Section F (provision) should name:

• QToD hours per week (direct teaching, not just "advisory visits")
• Teaching Assistant hours, with specification of whether the TA is providing communication support (and their BSL level if so)
• Speech and language therapy — frequency, individual or group, and whether it is special educational provision (Section F) or health care provision (Section G). The LA must secure Section F provision; the responsible commissioning body must arrange the health care provision specified in Section G.
• Radio aid (DM system) provision, maintenance, and troubleshooting protocol
• Acoustic modifications to the classroom if needed
• Access arrangements for exams and assessments
• Social communication support — how the child will access peer interaction

Section I (placement) should name the specific school and, if relevant, the type of provision (mainstream with visiting QToD, mainstream with resource provision, school for the deaf).

Common Problems With EHCPs for Deaf Children

Provision described as "access to" rather than quantified. "Access to a Teacher of the Deaf" is unenforceable. "2.5 hours per week of direct teaching from a Qualified Teacher of the Deaf (mandatory or advisory)" is enforceable. Challenge any provision that uses "access to," "as needed," or "where available."

SLT placed in Section G instead of Section F. Where speech and language therapy educates or trains the child to meet special educational needs, it is special educational provision and belongs in Section F. Health care provision belongs in Section G. The LA must secure Section F provision, while the responsible commissioning body must arrange the health care provision specified in Section G under section 42 of the Children and Families Act 2014.

NatSIP Eligibility Framework scores used to cap provision. The National Sensory Impairment Partnership (NatSIP) framework is used by Sensory Support Services to score need and allocate QToD time. Some LAs treat NatSIP scores as ceilings on provision. They're not — NatSIP is an allocation tool, not a legal cap. If your child needs more QToD time than the NatSIP score suggests, argue for it based on the child's individual needs, not the scoring band.

Radio aid provision named but no troubleshooting protocol. The EHCP says "radio aid provided" but doesn't specify who checks it daily, what happens when it breaks, or who trains supply teachers to use it. Without these details, a broken radio aid can sit in a drawer for weeks.

SEND Tribunal Appeals

You can appeal to the SEND Tribunal if the LA:

• Refuses to carry out an EHC needs assessment
• Refuses to issue an EHCP after assessment
• Issues an EHCP but you disagree with the provision in Sections B, F, or I
• Refuses to amend the EHCP after an annual review

In most cases, you must contact a mediation adviser and obtain a mediation certificate before appealing. You do not have to do this if your appeal is only about the school named in Section I. The Tribunal must receive your appeal within two months of the LA's decision letter or one month from the date of the mediation certificate, whichever is later.

The Tribunal is free to use. You don't need a solicitor, though organizations like IPSEA (Independent Provider of Special Education Advice) and the NDCS (National Deaf Children's Society) offer free support. The NDCS specifically provides deaf education advisors who can help families prepare Tribunal evidence.

Tribunal success rates for families are high — over 90% of appeals that reach a hearing result in changes to the EHCP. Many cases settle before the hearing when the LA sees the family has strong evidence. The key is specificity: bring audiological reports, QToD assessments, speech and language therapy progress data, and evidence of what the child needs that the current EHCP doesn't provide.

Annual Reviews

EHCPs must be reviewed at least annually. For deaf children, the annual review should include updated audiological information (any change in hearing thresholds, new technology fitted, DM system effectiveness), current QToD and SLT reports, and a reassessment of whether the named provision is still meeting the child's needs.

If the annual review shows the child needs more provision — or different provision — you can request amendments to the EHCP. If the LA refuses to amend, you can appeal to the Tribunal.

The Deaf & Hard of Hearing IEP & Communication Access Toolkit includes UK-specific guidance on the EHCP process, provision wording templates, and annual review preparation checklists — alongside the US IEP content — so families in England can advocate with the same specificity and legal grounding as their American counterparts.