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Guidance

6 June 2026

The postcode lottery is real. Here is what you can do about it.

The statutory deadline for issuing a final EHCP is 20 weeks from the date of the initial request. This is the law. It applies equally to every local authority in England.

In practice, the experience varies enormously depending on where you live. Some families in well-resourced local authorities receive a final plan within the deadline. Others wait 10 months, 12 months, or longer. Families in the most stretched areas describe waiting two or three years for a completed plan, fighting at every stage, while their child's needs go unmet.

This is what the SEND community calls the postcode lottery. The law is the same everywhere. Compliance is not.

What can you do about it? First, document everything. Keep a record of every request made, every acknowledgment received, and every deadline that passes. The 20-week clock starts on the date the local authority receives your request. Confirm receipt in writing.

Second, know the formal steps. If the local authority is in breach of the 20-week deadline, you can complain to the local authority directly, escalate to the Local Government and Social Care Ombudsman, or contact your local MP. In cases where delays are causing significant harm, judicial review is also available, though formal complaint routes are usually effective first.

Third, do not wait silently. Local authorities that receive no pushback have no incentive to prioritise your case. Regular, polite, documented chasing by a parent who clearly knows their rights moves cases faster than silence.

If something in this article resonates with your family's experience, we are here to help.

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