What are the EHCP Timescales Once I Have Applied?

Once an Education, Health and Care Needs Assessment (this is "applying for an EHCP") has been requested, there are statutory (legal) timescales in England that the local authority must follow. The sooner you apply the sooner that calendar starts. So don't delay apply today!

When will I find out if the LA will do an assessment? 6 weeks.

Within 6 weeks the Local Authority that has received your request must let you know if they are going to do an assessment or not. That's within six weeks of the date you applied. If they decide "no", you can appeal. Why should I appeal?

When will I hear if they will issue an EHCP? 16 weeks.

Within 16 weeks the Local Authority must tell you whether they are going to issue an EHCP. If they decide "no", you can appeal. This is a legal deadline.

When will I see the draft EHC plan? Between 14-18 weeks.

There is no law that specifically says you must receive the draft plan by a certain time. However, there are some laws about how much time you get to review the draft plan and how long schools etc. get to decide whether they can meet your child's needs.

You must be given 15 calendar days (not working days) to review the draft plan and request changes. You will be able to tell the Local Authority which school or other educational establishment you would like to be named in the plan.

The law says that an educational establishment (school) must be given 15 days to decide if they can meet your child or young person's needs. This is termed as a "consultation".

So, realistically, you need to have a copy of the draft 30 days prior to 20 weeks...

The draft EHCP doesn't name a school / college? B+F=I

The draft plan must not name a school or college. This is really important. The draft plan is there to make sure that sections B and F are correct. That the needs of your child or young person have been clearly identified (in section B) and the provisions clearly defined following the SMART target principal (in section F).

It is only once this part has been done that a decision can be made about where the most suitable education placement is (section I). If the establishment was already named in the draft plan it would indicate that the Local Authority had made a decision to place your child without following the law.

When will the final EHCP arrive? By 20 weeks*

Within 20 weeks of applying, subject to certain limited extension reasons, the LA must issue the Final Plan. If you disagree with the plan, you can appeal. This is a legal deadline.

There are exceptions to the 20 week rule and they are explained below*

What are the legitimate reasons for not complying with the 20 week deadline?

Under the Special Educational Needs and Disability (SEND) Regulations 2014, the statutory 20-week deadline for issuing an Education, Health and Care Plan (EHCP) can only be missed in very limited and specific circumstances, known as “exception cases.” These are:

Legitimate Exceptions to the 20-Week EHCP Deadline

1. Exceptional Personal Circumstances

   If the child, young person, or their family experiences significant personal issues, such as bereavement, serious illness, or other crises during the EHCP process.

2. Extended Absence from the Local Authority Area

   If the child or their parent is absent from the local authority area for a continuous period of at least 4 weeks during the EHCP process.

3. School or Early Years Provider Closure

   If the local authority requests advice from a school or early years provider during a period when that institution is closed for at least 4 weeks (e.g., summer holidays), and the request falls within a specific timeframe around that closure.

What Are Not legitimate reasons for missing the 20 week deadline?

• Staff shortages
• Waiting lists for professionals (e.g., Educational Psychologists)
• Delays in gathering evidence
• General workload pressures

These are not lawful reasons for missing the deadline