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.
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 to comment on a draft and request a placement. Section I should be blank in the draft. The authority normally has to issue the final plan within 20 weeks from the original assessment request. Its internal processing or a late draft 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.
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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.
How Little Nellie’s can help
Little Nellie’s offers EHCP advocacy, document review, evidence organisation and independent social-work input. Agree the task, deliverable, deadline and fee before instructing. The related service and pricing pages explain the available support.
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.
Official sources and EHCP services
Official sources: Children and Families Act 2014 — https://www.legislation.gov.uk/ukpga/2014/6/contents
SEND Code of Practice — https://www.gov.uk/government/publications/send-code-of-practice-0-to-25
SEND appeal guidance — https://www.gov.uk/appeal-ehc-plan-decision
Free SEND guidance — https://www.ipsea.org.uk/
The service links below describe Nellie’s paid support. Check current official instructions when filing an appeal.
Discuss the support you need
Send the relevant decision, plan or request and any deadline when enquiring. Ask which service addresses your specific issue and request a clear scope and quote.
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 for representations and a placement request. Ask for the lawful response 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 send when asking Little Nellie’s for help?
Send the relevant request, decision letter or plan, the key evidence and any deadline. Explain the specific task you need help with so the scope and fee can be agreed.
Does this guide apply outside England?
This guide concerns the EHCP framework in England. Wales, Scotland and Northern Ireland have different education and support systems; check guidance for the relevant jurisdiction.