What happens if your council misses the 20-week EHCP deadline

The 20-week deadline is the single most important statutory timeline in the EHCP process. It is set by Regulation 13 of the Special Educational Needs and Disability Regulations 2014 and underpinned by the Children and Families Act 2014. It is a hard duty on the local authority — not a service target, not best practice, not guidance.

Despite that, large numbers of councils miss it. Government figures published each year show that, nationally, only a minority of EHCPs are issued on time. If your case is late, you are not alone — and you have more leverage than you may realise.

The framework sits across two pieces of legislation:

• Children and Families Act 2014, Part 3 (sections 36–50) — the statutory duties for assessments and EHCPs (legislation.gov.uk).
• SEND Regulations 2014, Regulation 13 — the detailed 20-week timetable (legislation.gov.uk).

Regulation 13 says the LA must issue a final EHCP within 20 weeks of receiving a request for an EHC needs assessment, unless one of a small number of narrow exemptions applies. Inside the 20 weeks sit other statutory steps — including the LA's six-week decision on whether to assess, and the 15-day window for parents to respond to the draft plan.

The clock starts on the day the LA receives the request for an EHC needs assessment. That can come from you, the school or college, the child if they are over 16, or anyone else entitled to ask. It does not start on the day the LA replies, on the day they agree to assess, or on the day the assessment is scheduled.

The clock stops on the day the LA issues the final EHCP. Issuing a draft plan does not stop the clock; only the final, signed plan does.

The deadline is missed if, on week 20 plus one day, you do not yet have:

• a final EHCP in your hand, OR
• a lawful decision not to assess under section 36 of the Act, OR
• a lawful decision under section 37 not to issue a plan after assessment.

A draft plan is not a final plan. A "we are still considering" letter is not a final plan. A phase-transfer promise to issue "in time for September" is not a final plan unless the date falls inside the 20 weeks.

Regulation 13(3) sets out the exemptions, by reference to Regulation 10(4)(a)–(d). They are tightly drawn and the LA must point to a specific one — "we are busy" is not on the list. The main exemptions are:

• The LA has requested advice from the head of a school or college during a period that falls within 4 weeks before that school or college closes for the summer holidays.
• The child or their parent is absent from the area of the LA for a continuous period of at least 4 weeks.
• The child or their parent fails to attend an agreed appointment for an examination or test relating to the assessment.
• Exceptional personal circumstances affect the child or their parent during that period.

None of these stop the clock indefinitely. The Department for Education's SEND Code of Practice (2015) is clear that LAs should still aim to issue the final plan as soon as practicable after any exempt period ends.

Take these steps in order. Each one increases pressure without burning bridges, and each one builds the paper trail you will need if you have to escalate.

1. Email the caseworker at week 18 or 19. State the date the LA received your request, the resulting 20-week deadline, and ask for written confirmation that the final plan will be issued on time. Polite, factual, dated.
2. Escalate to the SEN team manager if you have not had a substantive reply within five working days, or as soon as the deadline passes. Quote Regulation 13 and ask which (if any) exemption is being relied on.
3. Submit a formal corporate complaint to the council. Use Stage 1 of the LA's published complaints procedure. Include dates, copies of correspondence, and the specific statutory breach.
4. Take the case to the Local Government and Social Care Ombudsman once you have exhausted the LA's process (or after 12 weeks if they have not responded). The Ombudsman can recommend financial remedies for the delay and for any provision your child missed as a result.
5. Get legal advice on judicial review for very long delays or systemic failure. Free advice is available from IPSEA, Coram Children's Legal Centre and SOSSEN. Strict time limits apply (broadly, three months from the breach).

In parallel, keep gathering evidence as if the plan were on the way: school reports, therapy letters, examples of work. That evidence will be useful for the draft plan, for any appeal, and for any complaint.

Late cases are won and lost on the paper trail. Keep, in one folder or one shared drive:

• The original assessment request and any proof of delivery.
• The LA's acknowledgement and their week-6 decision letter on whether to assess.
• Every email and letter exchanged with the SEN team — with dates.
• Notes of every phone call (date, name, what was said, promised actions).
• A simple timeline document showing weeks 1, 6, 16 and 20 with the actual events next to each milestone.

Our free EHCP deadline tracker does this for you automatically — including email reminders before each statutory date slips.

The Local Government and Social Care Ombudsman regularly upholds complaints about EHCP delay. Published decisions show three common types of remedy:

• A financial remedy for the delay itself — typically a few hundred pounds per month of delay, depending on impact.
• A separate financial remedy for any provision your child missed as a result — for example, missed therapy or missed school time.
• Service improvements — the LA is required to report back on how it has changed its processes.

See the Ombudsman's published focus reports at lgo.org.uk.

If the final plan does eventually arrive, read it carefully:

• Check that the wording in Section F is specific and quantified — see our guide on what Section F must legally contain.
• If the LA has refused to assess or refused to issue a plan, follow our step-by-step guide on challenging an EHCP refusal.
• If you want a full walk-through of what each section should contain, read understanding your child's EHCP.