How long does an EHCP take? The 20-week statutory timeline | EHCP Clarity
EHCP Timescales

How long does an EHCP take? The 20-week statutory timeline explained

The Children and Families Act 2014 and SEN and Disability Regulations 2014 set a maximum of 20 weeks from the date the LA receives a request for an EHC needs assessment to the date the final Education, Health and Care Plan is issued. This page explains the full timeline week-by-week, the milestones the LA must meet, and what to do when it misses them.

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Quick answer

The legal maximum is 20 weeks from request to final EHCP. Within that, the LA must decide whether to assess within 6 weeks, complete the assessment and decide whether to issue an EHCP within 16 weeks, and issue the final plan within 20 weeks. Limited exceptions apply (school holidays over 4 weeks, late professional advice, exceptional circumstances). If the LA misses any of these deadlines, you can complain, escalate to the Local Government Ombudsman, or appeal at the relevant decision point.

The 20-week timeline at a glance

Week 0

Request received

Parent, young person aged 16+, school, or professional submits a written request to the LA. The 20-week clock starts on the date the LA receives it.

Week 6

Decision to assess

LA must write to you with its decision: agree to assess or refuse. A refusal triggers a 2-month right of appeal.

Weeks 6-16

Assessment

If the LA agrees to assess, it gathers professional advice from EP, school, health, social care, and any other professional you suggest. Each professional has 6 weeks to respond.

Week 16

Decision to issue

LA must write with its decision: agree to issue an EHCP or refuse. A refusal to issue triggers a 2-month right of appeal.

Weeks 16-18

Draft EHCP

If the LA agrees to issue, it sends you a draft and gives you at least 15 calendar days to comment and name your preferred school.

Week 20

Final EHCP

Final plan issued. Content appeal rights to Sections B, F and I start running for 2 months.

The 6-week decision point — agree to assess or refuse

Within 6 weeks of receiving your request, the LA must decide whether to carry out an EHC needs assessment. The legal test it must apply is whether your child may have SEN, and whether it may be necessary for special educational provision to be made through an EHCP. This is a low threshold deliberately set to ensure children get assessed where there is reasonable doubt.

If the LA refuses to assess at this stage, you have 2 months to appeal to the SEND Tribunal. Appeals against refusal to assess have one of the highest success rates because the legal threshold is so low — many LAs concede before the hearing once an appeal is registered.

See our guides to appealing a refusal to assess and the 2-month appeal deadline calculator.

The 16-week decision point — issue or refuse to issue

Once the assessment is complete, by week 16 the LA must decide whether the legal threshold for issuing an EHCP is met. The test is whether your child has SEN and it is necessary for special educational provision to be made through an EHCP — meaning the provision needed cannot reasonably be made from the resources normally available to mainstream schools.

If the LA refuses to issue, you have 2 months to appeal. See our guide to appealing a refusal to issue an EHCP.

When the 20-week deadline can be extended — the legal exceptions

Regulation 13(3) of the SEN and Disability Regulations 2014 lists specific exceptions where the LA does not need to comply with the 20-week deadline:

  • The LA has requested advice from school during a period beginning one week before the school closes for at least 4 weeks (school holidays)
  • Exceptional personal circumstances affect the child or parent during the relevant period
  • The child or parent is absent from the LA's area for at least 4 weeks during the relevant period
  • The LA receives advice from a person under regulation 6 after the deadline due to that person's failure

The LA must give you written reasons for any exception used. "We are short-staffed" or "we have a backlog" is not a lawful exception. If the LA cites an exception that does not match the regulations, that is a breach of duty.

What to do at each stage of the 20-week process

  1. 1

    Day 0 — Submit your written request

    Email or post a written request for an EHC needs assessment to your LA's SEND team. Include the child's details, your concerns, and any existing evidence. The 20-week clock starts the day the LA receives your request.

  2. 2

    Week 6 — LA decides whether to assess

    By the end of week 6, the LA must write to you with its decision. If it refuses to assess, you have 2 months to appeal. If it agrees, the assessment proceeds and the clock continues.

  3. 3

    Weeks 6-12 — Professional advice gathered

    The LA seeks advice from at least the EP, school, and any other professional you or they have identified. Submit your own evidence in writing. Ask to be told when each report is received.

  4. 4

    Week 16 — LA decides whether to issue an EHCP

    By the end of week 16, the LA must decide whether the threshold for an EHCP is met. If it refuses to issue, you have 2 months to appeal. If it agrees, the LA drafts the plan.

  5. 5

    Weeks 16-18 — Draft EHCP issued

    The LA must send you a draft EHCP and give you at least 15 days to comment, request changes, and name your preferred school. This is the most important point to negotiate Section F wording.

  6. 6

    Week 20 — Final EHCP issued

    By the end of week 20, the final EHCP must be issued. Your 2-month appeal window for content appeals starts the date on the final plan.

What to do if the LA misses a deadline

Missed deadlines are common. The Local Government and Social Care Ombudsman has consistently upheld complaints where LAs blew through the 20-week timescale without lawful reason. Your options:

1. Chase in writing immediately

Email the SEND team referencing the specific regulation breached (regulation 13(2) for the 20-week deadline; regulation 5(1) for the 6-week decision). Set a 7-day reply deadline.

2. Escalate to a formal complaint

Use the LA's corporate complaints process. State the legal duty, when it was breached, and the impact on the child. Request a stage 1 response within statutory timescales.

3. Complain to the Local Government Ombudsman

After exhausting the LA's complaints process, escalate to the Local Government and Social Care Ombudsman (LGSCO). The Ombudsman regularly orders financial remedies for time-and-trouble plus delay.

4. Pre-action letter or judicial review

For sustained breach where the child is suffering ongoing harm, a solicitor's pre-action letter referring to a forthcoming judicial review claim usually prompts immediate compliance. Free advice is available from IPSEA and SOSSEN.

5. Use existing appeal rights

If a decision is overdue at week 6 or week 16, you can register a Tribunal appeal on the basis of the missed decision. The Tribunal has accepted late or constructive refusal arguments.

Annual review timescales

Once an EHCP is in place, statutory timescales also apply to the annual review:

  • The annual review meeting must take place within 12 months of the EHCP being issued or the previous review (6 months for under-5s)
  • Within 4 weeks of the meeting, the LA must issue its decision: continue without amendment, amend, or cease the plan
  • If amending, the LA must issue a draft amended EHCP within 4 weeks of the review meeting
  • You then have at least 15 days to comment on the draft amendments
  • The final amended EHCP must be issued within 8 weeks of the review meeting
  • Phase transfer reviews (Year 6 to Year 7, Year 11 to post-16) must conclude with a final amended plan by 15 February in the year of transfer

See our pages on annual review delays and delayed final amended plans.

What to keep on file to evidence delay

  • Date-stamped copy of your assessment request (email or recorded delivery)
  • Any acknowledgement from the LA confirming receipt date
  • Calendar reminders for week 6, week 16 and week 20 milestones
  • Copies of all correspondence chasing decisions and reports
  • Names and dates of any professionals consulted (or not consulted)
  • Any LA letters citing exceptions — keep them for your complaint
  • School absence records if the delay is causing the child to miss provision

Common timeline problems and how to address them

  • LA does not acknowledge receipt of your request — send a follow-up after 7 days asking for confirmation of the date received
  • LA pauses the clock without lawful reason — challenge in writing referencing regulation 13(3)
  • EP report not commissioned in time — ask the LA who has been instructed and when
  • Draft EHCP delayed past week 18 — write asking when the draft will be issued and what exception applies
  • Final EHCP late — calculate the breach in weeks and use it in your formal complaint and Ombudsman case
  • School holiday exception used dishonestly — check the dates: the exception requires the LA to have requested school advice within one week of a 4-week-plus closure

Frequently asked questions

How long does an EHCP take from start to finish?
The legal maximum is 20 weeks from the date the LA receives a request for an EHC needs assessment to the date the final EHCP is issued. This is set out in regulation 13 of the SEN and Disability Regulations 2014. In practice, around half of LAs miss this deadline.
What happens if the LA misses the 20-week deadline?
Missing the deadline is a breach of the LA's statutory duty. You can complain to the LA's complaints team, then to the Local Government and Social Care Ombudsman, or pursue judicial review. Many parents send a pre-action letter referring to the breach and the LA then issues the plan within days.
Are there shorter deadlines within the 20 weeks?
Yes. The LA must decide whether to assess within 6 weeks of receiving your request. If it agrees to assess, it must complete the assessment and decide whether to issue an EHCP within 16 weeks of the request. The draft EHCP must give you at least 15 days to comment, and the final EHCP must be issued by week 20.
Are there any exceptions to the 20-week timescale?
Yes. The regulations allow exceptions including school holidays of more than 4 weeks, late receipt of professional advice, the child being absent for more than 4 weeks, and exceptional circumstances. The LA must give you written reasons if it relies on an exception.
Why does the school holiday exception cause delays?
If the assessment process spans the summer holidays, the 20-week clock effectively pauses for the school break. This means a request submitted in late spring may not yield a final EHCP until November or December. Submit early in the school year if timing matters.
How long does an annual review take?
The LA must arrange the annual review meeting before the 12-month anniversary of the EHCP. After the meeting, the LA has 4 weeks to issue its decision (continue, amend, or cease). If amending, the LA must issue an amended draft within 4 weeks of the meeting and a final amended plan within 8 weeks of the meeting.
How long do EHCP appeals take at the SEND Tribunal?
From registering an appeal to a final hearing typically takes 5-9 months for content appeals and 4-6 months for refusal appeals. Many cases settle by consent before the hearing. The Tribunal's directions set the timeline once your case is registered.
Can I do anything to speed up the EHCP process?
Yes. Submit a complete request with strong evidence, follow up at the 6-week decision point in writing, request copies of all professional advice as it is produced, send the draft your suggested wording promptly, and chase the LA against named regulation deadlines if it slips.

Related guides

Sources and further reading

This is general information, not legal advice. EHCP Clarity helps parents organise and prepare their own materials. It does not provide legal advice, legal representation, or tribunal advocacy, and nothing on this page should be relied on as a substitute for advice about your specific situation. For free independent expert support, contact IPSEA, SOS!SEN, or your local SENDIASS. For legal representation, instruct a SEND solicitor.