Local authority missed the EHCP deadline — what can parents do?

First identify which deadline has been missed

The EHC process has several statutory milestones. In broad terms, the local authority normally has six weeks from receiving the request to decide whether to assess. If it assesses, it must normally tell you by week 16 whether it will make an EHC plan. If it decides to make a plan, the final plan must normally be issued within 20 weeks of the original request.

There are limited exceptions in the regulations for particular circumstances. A staffing shortage or difficulty obtaining professional advice does not automatically erase the statutory framework, so ask the authority to identify any exception it says applies to your case.

What to do today

1. Write down the date the local authority received the original request.
2. Calculate which milestone should have been reached.
3. Email the EHC case officer and the SEND team asking for the exact current stage.
4. Ask what remains outstanding, who is responsible for it, and the target date for completion.
5. Ask the authority to confirm in writing whether it relies on any statutory exception to the usual timescale.

What to put in a delay email

Keep it factual. State the request date, the deadline you believe has passed, the last update you received, and what you need now. Ask for a concrete date rather than a general statement such as “as soon as possible”.

If the delay is affecting education, support or a school placement, explain the practical impact. This creates a clear record of the consequences, not just the passage of time.

What to collect

• The original assessment request and proof of receipt.
• Decision letters and draft documents.
• Emails showing chasers and responses.
• A simple timeline of dates and missed milestones.
• Evidence of any impact on education, provision or placement.

If chasing does not resolve it

Use the local authority’s formal complaints procedure for delay, communication failures or administrative problems. If you complete the council complaint process and remain dissatisfied, the Local Government and Social Care Ombudsman may be able to consider complaints about council fault and service failure.

A complaint about delay is different from an appeal against an appealable SEND decision. For example, refusal to assess or refusal to issue a plan can carry SEND Tribunal appeal rights, while pure administrative delay is generally addressed through complaints and other public-law routes. Check the decision letter and get specialist advice where needed.

Do not let delay hide an appealable decision

If the authority has actually issued a refusal or final plan that you disagree with, note the date immediately. Tribunal deadlines run from formal decisions and mediation certificates, so do not rely on an ongoing complaint to protect an appeal deadline.