Research
EHCP timelines and legal deadlines
The EHCP process has clear statutory deadlines. The most important is the 20-week deadline from a request for an EHC needs assessment to the issue of a final EHCP. This article sets out the main deadlines, why delays happen, and what families can do when they do.
Source: Children and Families Act 2014 · SEND Code of Practice
The 20-week deadline
A local authority must issue a final EHCP within 20 weeks of receiving a request for an EHC needs assessment. This is a statutory deadline under the Children and Families Act 2014. The deadline is not a target — it is a legal requirement, with only limited exceptions such as where the child or young person is not within the authority’s area for part of the period.
Key stages within the 20 weeks
The authority must give its decision on whether to assess within 6 weeks of the request. If it agrees to assess, it must then gather advice and information before consulting on a draft plan. The draft EHCP must be issued to the parent or young person for consultation. Each of these stages has its own expectation, and delays at any point can put the final deadline at risk.
Why delays happen
Common causes of delay include slow responses from schools, health bodies and social care, backlogs within the local authority, and failures to chase missing advice. Delays are also sometimes used informally to avoid issuing a plan. Whatever the cause, the statutory deadline still applies.
What families can do about a missed deadline
If a local authority misses a deadline, the first step is usually to raise it in writing and keep a record. Where a refusal to progress the process is unreasonable, families have the right to mediation and, in appropriate cases, to appeal to the SEND Tribunal. Deadlines matter because missed provision is provision that is never delivered.
Citations
- Children and Families Act 2014
- SEND Code of Practice
- The Special Educational Needs and Disability (First-tier Tribunal Recommendations and Local Authority) (England) Regulations 2016
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