Letter to chase a council that has missed an EHCP deadline

Subject: Missed legal deadline: EHC [needs assessment / plan / annual review] for [child’s full name], date of birth [date of birth]

Dear [name, or SEN team],

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

[Choose the sentence that fits and delete the others.]

• The council received my request for an EHC needs assessment on [date]. Under regulation 5 of the SEND Regulations 2014, the council should have told me by [date] whether it would assess [child’s name].
• The council received my request for an EHC needs assessment on [date]. Under regulation 13 of the SEND Regulations 2014, the final EHC plan should have been issued by [date], 20 weeks later.
• [Child’s name]’s annual review meeting took place on [date]. Under regulation 20 of the SEND Regulations 2014, the council should have told me its decision by [date], 4 weeks after the meeting.

I have not received this, and I have not been told of any exception that applies.

This delay is affecting [child’s name]. [One or two sentences about the effect, for example missing support, or anxiety about not knowing which school they will go to.]

Please reply by [date, 5 working days from today] to tell me:

• when I will receive [the decision / the final plan]
• the reason for the delay
• the name of the person responsible for [child’s name]’s case

If I do not hear from you by then, I will make a formal complaint and may contact the Local Government and Social Care Ombudsman.

Yours sincerely,

[Your full name]

[Your phone number and email]