EHCP and SEND support for families in England
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No Educational Psychologist Available? That Is Not a Legal Excuse to Delay Your Child’s EHCP
In England, a shortage of educational psychologists does not, by itself, suspend the statutory EHC assessment and plan timescales. Check the relevant deadline and any specific legal exception.
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“We are still waiting for an Educational Psychologist.”
If your Local Authority has said this to you, you are not alone.
In England, an educational psychologist shortage is not, by itself, a statutory exception to the EHC assessment and plan timescales. The relevant stage and any applicable legal exception still need to be checked.
This guide explains what is going on, why EP advice matters, what the legal timescales are, and what you can do if your child is stuck waiting.
Who is an Educational Psychologist?
An Educational Psychologist, often called an EP, is a specialist who uses psychology to understand how a child learns, communicates, behaves and experiences school.
As part of an EHC needs assessment, an EP may look at:
- How your child learns
- Cognition and learning needs
- Communication and interaction
- Social, emotional and mental health
- Sensory needs
- Behaviour linked to unmet need
- What support may be needed in school or another setting
They may observe your child, speak to you and the school, review evidence, and provide written advice for the Local Authority.
Why does an Educational Psychologist delay matter for an EHCP?
When a local authority carries out an EHC needs assessment, regulation 6 requires advice from specified sources, including an educational psychologist. It need not obtain fresh advice where the regulation’s conditions for relying on existing advice are satisfied, including agreement that it is sufficient for the assessment.
That advice can be extremely important because it often shapes two key parts of the plan:
Section B: your child’s special educational needs
Section F: the special educational provision your child must receive
If EP advice is missing, delayed or too vague, the EHCP may be built on weak evidence.
That can affect what needs are recorded, what support is specified, whether provision is quantified, and whether the final plan is strong enough to meet your child’s needs.
If you are already at the stage where a draft or final plan has arrived and it does not reflect your child’s needs, our guide on how EHCP appeals work explains the next stage.
What happens when there are not enough EPs?
Your child waits. And waiting is not neutral. It has a cost. While the Local Authority says it is waiting for EP advice, your child may be:
- In school without the right support
- On a reduced timetable
- Struggling with anxiety or distress
- Avoiding school
- Missing education
- Managing without a clear plan
- Being supported by a school that does not have the right professional advice to work from
A case we supported
In the case described here, the family submitted their EHC needs assessment request on 23 March 2026. The statutory timescales are calculated from receipt of the request, subject to any applicable exception.
Key dates were:
- 6-week decision deadline: 4 May 2026
- Week 12 checkpoint used in this case: 15 June 2026; this was a practical checkpoint, not a separate statutory decision deadline
- 16-week deadline to notify a refusal to issue a plan after assessment, if that is the decision: 13 July 2026, assuming receipt on 23 March and no applicable exception
The reason given for the delay was simple:
No EP available. Meanwhile, the child was only accessing one hour of school a day. They were struggling at school, struggling at home, and the family were stuck waiting while the Local Authority had already missed key legal deadlines. This is why parents should not accept “we are waiting for an EP” as the end of the conversation. It may explain the delay but does not automatically excuse it.
Can the council delay because there is no EP?
A shortage is an explanation for delay, not a general legal exemption. The local authority remains responsible for the applicable statutory duties.
| Stage | Usual statutory deadline, subject to specified exceptions |
|---|---|
| Notify the decision whether to carry out an EHC needs assessment | 6 weeks from receipt of the request |
| Notify a decision not to issue an EHCP after assessment | 16 weeks from receipt of the request |
| Issue the final EHCP, where a plan is required | 20 weeks from receipt of the request |
These timescales are set out in the Special Educational Needs and Disability Regulations 2014, including regulations 4, 10 and 13. The specified exceptions must be considered for the relevant duty; a general staffing shortage or waiting list is not itself one of them.
So if the Local Authority says “there is no EP available”, your response should be: “What steps are being taken to comply with the statutory deadline?” Not: “Do we just have to wait?”
If you are unsure where you are in the timeline, our EHCP support service can help you work out what stage you are at and what options may be available.
What have the courts said?
In R (W) v Hertfordshire County Council [2023] EWHC 3138 (Admin), the court confirmed that SEND timescales are hard-edged legal duties. They are not loose targets or “best endeavours” duties.
In R (JSC) v Cambridgeshire County Council [2026] EWHC 68 (Admin), the council had missed the 16-week deadline, with the delay linked to a backlog in Educational Psychologist input. The High Court granted a declaration that the council had acted unlawfully, even though the process had later moved on, because the delay was part of a wider systemic issue.
Should I pay for a private EP report?
Some parents choose to obtain private educational psychology evidence. Before paying, clarify the purpose, cost and how existing advice will be considered. The local authority remains responsible for securing the advice required for its assessment; commissioning a private report does not automatically guarantee that it will replace the authority’s advice, meet every evidential requirement or be reimbursed.
If you have already paid privately because you felt you had no choice, keep a record of why you did so, when you did so, and what delay led to that decision.
You may also need support to make sure private evidence is used properly. Our EHCP evidence pack support can help families organise evidence clearly for the Local Authority or SEND Tribunal.
Quick parent checklist
If the Local Authority says it is waiting for an EP, ask:
- When was my EHC needs assessment request received?
- What is the 16-week deadline?
- What is the 20-week deadline?
- Has EP advice been requested?
- When was it requested?
- Who is responsible for obtaining it?
- What is the Local Authority doing to meet the statutory timescale?
- What interim support is being considered while my child waits?
- Has the delay affected my child’s attendance, wellbeing or access to education?
- Do I need help challenging the delay?
Final word
Educational Psychologist shortages are real. Many Local Authorities are under pressure.
Your child’s rights do not disappear because services are stretched. Little Nellies can help you understand your options and push the process forward through agreed commissioned work. Families can also seek free guidance from local SENDIASS, IPSEA or SOS!SEN; urgent questions about unlawful delay may require legal advice.
Keep a clear record of the request date, correspondence, the impact on your child and any interim support requested. A complaint about delay and an appeal against an appealable decision are different routes.
FAQs
- What is the deadline for a council to decide on an EHC needs assessment? Usually six weeks from receipt of the request, subject to the specified statutory exceptions.
- How long does a council have after assessment? If it decides not to issue a plan, it must normally notify that decision within 16 weeks of receiving the request. Where a plan is required, the final plan must normally be issued within 20 weeks, subject to the specified exceptions.
- Can a council delay an EHCP because there's no Educational Psychologist available? No. EP staffing shortages are not a recognised legal exception to statutory EHCP timescales under the Special Educational Needs and Disability Regulations 2014.
- What did R (JSC) v Cambridgeshire County Council decide? The High Court found the council acted unlawfully by failing to complete an EHC needs assessment within the 16-week deadline, with the delay linked to an EP backlog. The court granted a declaration confirming the breach.
- Can I get my own EP report privately? Yes. The local authority should consider relevant evidence, but whether existing advice is sufficient for the statutory assessment depends on regulation 6. Responsibility for obtaining the required advice remains with the local authority.
- What should I do if my child's EHCP process is delayed because of an EP shortage? Request the reason in writing, track your statutory deadlines, document the impact on your child, and get support to challenge the delay if it continues.
Tags:
- EHCP delayed because of EP shortage
- EHCP 16 week deadline
- no EP available EHCP
- EHCP 20 week deadline
- EHCP
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Primary sources and official guidance
SEND Code of Practice: 0 to 25 years
Published 1 July 2026