EHCP and SEND support for families in England
When support is missing or an EHCP does not reflect your child's needs, it helps to know what to do next. We review the evidence, prepare the documents and support you through the stage…
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EHCP timeline: the 6, 16 and 20-week deadlines
In England, an EHC needs-assessment request normally starts a 20-week process. The authority normally decides whether to assess within six weeks, notifies a refusal to issue a plan by week 16, and issues a final plan by week 20. These are different milestones; specified legal exceptions can apply.
In England, an EHC needs-assessment request normally starts a 20-week process. The authority normally decides whether to assess within six weeks, notifies a refusal to issue a plan by week 16, and issues a final plan by week 20. These are different milestones; specified legal exceptions can apply.
Practical guidance for families in England
Weeks 0 to 6: the assessment decision
Record the date the local authority received the request. It must normally notify the parent or young person within six weeks whether it will assess. The test at this stage is whether the individual has or may have SEN and whether provision through a plan may be necessary. Keep the acknowledgement and decision letter.
Guidance checked on 15 September 2026. Keep the decision letter, relevant plan or request, and the dates that apply to your case.
By week 16: a refusal to issue
If the authority has assessed but decides an EHC plan is not necessary, it must normally notify that decision by week 16 from the original request. Week 16 is not a universal deadline for issuing a final plan. The letter should give reasons and appeal information. Check those dates immediately rather than waiting until week 20.
Draft response and the week-20 final plan
You must have at least 15 days from service of the draft to make representations, request a particular placement and require a meeting with a local-authority officer. The draft must not name an institution or specify a type. The final plan is normally due within 20 weeks of the original assessment request. A late draft or internal processing does not create a general right to restart the clock.
Make a dated timeline
Write down: request receipt; six-week decision date; advice received; any claimed exception; refusal-to-issue notification if relevant; draft received; response due; and final-plan deadline. Count calendar weeks from the receipt date. Check bank holidays and the council’s actual correspondence where a particular deadline calculation needs advice.
If the process is late
Send a brief written chronology and ask for the missing decision or final plan, the responsible officer and a date for action. Use the council’s complaint route where appropriate. Serious ongoing delay may need prompt specialist legal advice. Keep appeal deadlines separate: a delay complaint does not automatically suspend them.
Check the documents for this stage
Keep the relevant request, decision notice or plan together with the evidence referred to above. Record the source of each proposed change and the date on which the next action is due. If two accounts differ, explain the difference and seek clarification rather than omitting one account.
If the authority says an exception applies
Ask which regulation applies, the facts supporting it and the effect on the deadline. The regulations contain specific exceptions, including certain absence and exceptional personal-circumstance situations. A generic statement about workloads, funding or a professional waiting list does not identify a statutory exception.
Before you take the next step
You should be able to identify the issue, the outcome or information you need, the evidence supporting it and the person responsible for the next action. Keep a copy of what you send and any acknowledgement. The related guides below cover the stages that may follow.
Free information and additional support
Choose help for the question you need answered
Your local SENDIASS offers free information, advice and support. IPSEA also publishes SEND guidance. If a deadline, evidence gap or disputed decision remains unclear, identify the specific question before commissioning paid help. Seek prompt specialist legal advice where an urgent legal remedy may be needed.
When additional advice may help
Before seeking additional help, write down the decision or wording in dispute, the evidence already available and the deadline. Ask whether you need an explanation of the process, help presenting your evidence, a professional assessment or legal advice. Agree the task and any fee before commissioning work.
Little Nellie’s is not a law firm. Its services do not replace the local authority’s statutory duties or guarantee a plan, placement or tribunal outcome. Legal work outside the agreed service scope may require a specialist solicitor.
Related guides and support
Choose the guide for your next question or stage.
EHCP support from Little Nellie’s
draft EHCP review support
EHCP evidence pack
SEND Tribunal preparation support
complete guide to EHCP applications and appeals
Little Nellie’s EHCP support prices
Official sources and EHCP services
Official sources: Children and Families Act 2014 — https://www.legislation.gov.uk/ukpga/2014/6/contentsSEND Code of Practice — https://www.gov.uk/government/publications/send-code-of-practice-0-to-25SEND appeal guidance — https://www.gov.uk/appeal-ehc-plan-decisionFree SEND guidance — https://www.ipsea.org.uk/The service links below describe Nellie’s paid support. Check current official instructions when filing an appeal.
Children and Families Act 2014
SEND Code of Practice
appeal an EHC plan decision
SEND35 appeal form
SEND35A refusal to assess appeal form
Record the next action and who will take it
Record the next task, the person responsible, the deadline and the document confirming it. Keep a copy of anything sent and any acknowledgement. If an agreed action does not happen, use that record to explain what is missing and ask for a dated response.
Frequently Asked Questions
Is the whole process always exactly 20 weeks?
Twenty weeks is the normal statutory maximum for the assessment-to-final-plan process. The regulations allow specified exceptions; ask for the precise basis if one is claimed.
Is week 16 the deadline for a final EHCP?
No. It is normally the deadline to notify a decision not to issue a plan following assessment. The normal final-plan deadline is week 20.
Can the council give me fewer than 15 days on a draft?
The draft stage must provide at least 15 days to make representations, request a particular placement and require a meeting with an authority officer. Ask for the required period if the letter allows less.
Where can I find free SEND information?
Your local SENDIASS provides free information, advice and support. IPSEA publishes guidance on the SEND system. Use the direct links in the sources section and check any service’s current availability.
What should I prepare before seeking advice?
Prepare the relevant request, decision letter or plan, a short list of the issues, the key evidence and any deadline. State the question you need answered and the action you have already taken. Ask how documents should be shared before sending sensitive records.
Does this guide apply outside England?
This guide concerns EHCPs in England. Wales uses the additional learning needs (ALN) system and individual development plans (IDPs); use Welsh Government guidance for that process. Scotland and Northern Ireland also have separate systems.
