417 Kent children with an EHCP currently have no school place. What the law says councils must do while your family waits.
Right now, 417 Kent children with an Education, Health and Care Plan do not have a school place named and available to them. Three in four of those children have been waiting more than 90 days. Behind every one of those numbers is a family managing a child at home — without education, without warning of when that might change.
If this is your family’s situation, the first thing to know is this: an EHCP not being met is not something you simply have to wait out. The law places clear duties on the council — even while a suitable place is being found.
Kent County Council has made real, publicly documented progress on the EHC assessment process itself over the past few years, addressing a backlog and quality concerns Ofsted first flagged back in 2022. But naming a school and actually getting a child into it are two different things — and it’s the second part where families are currently getting stuck, often for months, and sometimes considerably longer.
School-aged children in Kent with an EHCP who currently have no school place. Three in four of those children have been waiting more than 90 days. Source: KentOnline, 27 July 2026.
This isn’t only a Kent story. New government data released this summer shows that more than a quarter of EHC needs assessment requests were turned down by councils across England last year — and that rate has been climbing steadily since 2022. Whether a family is fighting to get an EHCP recognised in the first place, or fighting to get the plan they already hold actually delivered, the pattern is the same: the system is under strain, and the burden of pushing it forward keeps landing on parents.
This is the part that gets lost in the stress of it all. An EHCP being agreed but not yet delivered does not mean your child’s right to education pauses too. Two separate legal duties matter here:
This is general information, not legal advice. For advice specific to your child’s situation, Kent’s SEND Information, Advice and Support Service (SENDIASS) and the national charity IPSEA both offer free, independent guidance.
One detail buried in this year’s national data is worth families paying close attention to: assessment requests made by schools succeed considerably more often than those made directly by parents. That’s not because parents’ concerns matter less — it’s about how requests are put together and evidenced.
The proportion of EHC needs assessment requests rejected by English councils in 2025, up from 25.2% the year before and 22.1% in 2022. Requests made by schools succeeded considerably more often than those made directly by parents. Source: Schools Week / DfE annual EHCP data, July 2026.
The same logic applies once a plan exists but isn’t being delivered, or when a placement isn’t matching what a child actually needs. A clear, independent, up-to-date picture of a child’s academic gaps, processing needs and barriers to learning gives you something concrete to put in front of the council, a tribunal, or a new school — rather than relying on the diagnosis or plan alone to speak for itself.
Not sure what evidence would strengthen your child’s case, or what interim provision you could be asking for? A free 15-minute call with Lauren is a calm, no-pressure place to talk it through.
Book a free 15-minute call with LaurenLauren Robson is an approved education supplier to Kent County Council, working directly with families navigating exactly this stage — a child with an EHCP who is waiting, unplaced, or receiving provision that doesn’t match their needs. That includes:
“From the very beginning, it was clear that Lauren genuinely cares. Both my daughters have come on tremendously and always looked forward to going, which says everything about the environment she creates.”
“She is so patient with him and moulds learning to his needs and focus, which is absolutely perfect for him. The support for myself and any questions I have is second to none.”
Whatever the council’s timeline looks like, arriving with a clear, evidenced picture of your child is never wasted — it is the one thing that keeps working for you, however long the wait.
Does the council have to provide education if my child has an EHCP but no school place?
Yes. Even without a named place in use, the local authority has a duty to arrange suitable full-time education for a child who would otherwise go without it, alongside its separate duty to deliver everything specified in the EHCP itself.
What is EOTAS?
Education Otherwise Than At School (or Setting) is education arranged outside a mainstream or specialist school placement — for example while a child waits for an appropriate place, or where a school setting isn’t currently meeting their needs.
How long can a council leave a child without a school place in Kent?
There’s no single fixed statutory limit, which is part of why this is so difficult for families. Councils are expected to act without unreasonable delay. If weeks have passed with no interim arrangements, it’s reasonable — and advisable — to ask the council directly, in writing, what education is being provided in the meantime.
Who can help if my child’s EHCP isn’t being delivered?
IPSEA and Kent SENDIASS offer free, independent advice on your legal position. Education With Lauren can support with independent assessment evidence and EOTAS delivery.
This article is general information for Kent families about EHCPs, school placement delays and interim education duties. It is a plain-English summary, not legal advice, and Education With Lauren does not run appeals or represent families at SEND Tribunal. If you have concerns about your child’s placement or provision, a free 15-minute call is a good place to start.
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