When you submit a written request for an EHC needs assessment, the local authority has 6 weeks to respond with a decision. That deadline is statutory. It is not a guideline. It is not a target. It is the law under the Special Educational Needs and Disability Regulations 2014.
If you have passed that date without a decision, the local authority is in breach. Here is what to do next.
First, confirm the breach in writing. Send an email or letter to the SEND team today stating the date your request was received (or sent, if you do not have confirmation of receipt), the statutory 6-week deadline, and the fact that it has passed. Ask for an explanation and a decision within 5 working days. Keep a copy.
Second, go to the head of the SEND team if the case worker does not respond. Local authorities have a statutory duty to process requests on time. Escalating within the organisation signals that you know your rights and are prepared to use them.
Third, if you still receive no response, submit a formal complaint to the local authority using their statutory complaints procedure. Your complaint should reference the breach date, the relevant legislation, and the impact on your child. Ask for the complaint to be acknowledged within the timeframe their complaints policy requires.
Fourth, if the formal complaint produces no result, escalate to the Local Government and Social Care Ombudsman. The Ombudsman investigates statutory breaches and can require the local authority to take specific actions, including issuing decisions and paying compensation.
Fifth, contact your MP. This is more effective than many parents expect. MP correspondence creates political accountability. A letter from an MP asking a council to explain a statutory breach gets a different quality of response than a parent chasing alone.
The most important thing is to create a paper trail from day one. Documented, dated evidence of a statutory breach is exactly what a Tribunal needs if the local authority then refuses to assess.