Problems and appeals

What to do if the council misses an EHCP deadline

Councils in England must follow legal deadlines for EHCPs. If the council misses one, you can do something about it. Here are four steps to take, in order, with an email you can copy.

Last checked 19 October 2026 How we check our information

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In short

  • The council must send the final EHCP within 20 weeks of receiving your request.
  • If it misses a deadline, start with a short email to the SEN team.
  • If that doesn’t work, complain formally, then go to the Ombudsman. Keep a copy of everything.

If the council misses an EHCP deadline, it is breaking a legal duty. Start with a short email naming the missed deadline, then make a formal complaint, then go to the Local Government and Social Care Ombudsman.

The main EHCP deadlines

These deadlines come from the SEND Regulations 2014. Weeks count from the day the council received your request, unless the table says otherwise.

DeadlineWhat the council must do
6 weeksTell you if it will assess your child
16 weeksTell you if it has decided not to make a plan after assessing
20 weeksSend you the final EHC plan
4 weeks after an annual reviewTell you if it will keep, change or stop the plan
12 weeks after an annual reviewSend the final changed plan, if the plan is changing
Source: SEND Regulations 2014. A few narrow exceptions can change a deadline, such as the school being closed for four weeks or more.

Check the exact dates for your child’s EHCP.

Step 1: Email the council’s SEN team

Write to the person handling your child’s EHCP, or the SEN team’s main email address. Say which deadline was missed and the date it fell on, and ask for a reply within 5 working days.

Wording you can copy. Change the parts in square brackets.

Dear [name],

I am writing about my child, [child’s name], date of birth [date of birth].

The council received my request for an EHC needs assessment on [date]. Under the SEND Regulations 2014, the council should have [told me whether it will assess my child] by [deadline date]. I have not received this.

Please reply by [date 5 working days from today] to tell me when I will receive it, and the reason for the delay.

Yours sincerely,
[your name]

Step 2: Make a formal complaint

If you don’t get a useful reply, use the council’s complaints process. You can find it on the council’s website. Most councils have two stages. Keep your complaint short and include:

  • the deadline that was missed and the date
  • what you have already asked for, and when
  • how the delay is affecting your child
  • what you want the council to do

Step 3: Complain to the Ombudsman

If the council’s complaints process doesn’t fix the problem, you can complain to the Local Government and Social Care Ombudsman. It is free. The Ombudsman can investigate delays and ask the council to put things right. It usually expects you to finish the council’s complaints process first.

For long or repeated delays, a solicitor who specialises in education law can send the council a formal letter before legal action. This often gets a response quickly.

For free, independent advice first, contact IPSEA or your local SENDIASS. You can find your SENDIASS on your council’s Local Offer website. See more places to get help.

You are not alone

In 2024 to 2025, 29,446 appeals were registered with the SEND Tribunal, up from 4,277 in 2016 to 2017. 99% of the appeals that were decided went in the family’s favour.

See how your council is doing on the 20-week deadline.

Questions parents ask

Can I go straight to the Ombudsman?

Usually not. The Ombudsman normally expects you to complete the council’s complaints process first.

Can the Ombudsman award compensation?

It can recommend a remedy. That can include an apology, action to fix the problem and a payment.

Does a late plan affect my right to appeal?

No. Your appeal rights run from the date of the decision or the final plan, whenever it arrives.

What to do next

Sources

This guide gives information, not legal advice. For advice about your child, contact IPSEA or your local SENDIASS. Both are free. If something here looks wrong or out of date, tell us.