Assessment and plan

Once you ask for an EHC needs assessment, the Local Authority is on a clock. The whole journey, from your request to a final, legally binding plan, has a 20-week limit. Knowing the checkpoints means you can spot a delay early and chase it, instead of waiting and hoping.

It starts the day the Local Authority receives your written request. You do not need a diagnosis, and you do not need the school’s permission. Keep proof of the date you sent it, because every deadline that follows counts from that day.

There are four checkpoints to diarise:

6 weeks: the Local Authority must tell you whether it will carry out the assessment (SEND Regulations 2014, reg 5). 16 weeks: after gathering advice, it must tell you whether it will issue a plan (reg 10(1)). The draft: you get at least 15 days from the day the draft is sent to comment and to ask for a particular school (reg 13(1)). 20 weeks: the final plan must be issued (reg 13(2)). Once final, it is a legal document and the support in Section F must be secured.

When the draft arrives, read Section F (the support) line by line. It should say what support, who gives it, how often, and for how long. Push back in writing on vague wording like “access to” or “where appropriate”. If the Local Authority ignores your comments, that can become part of a content appeal once the plan is final.

If it goes wrong. If the Local Authority refuses to assess (the 6-week decision) or refuses to issue a plan (the 16-week decision), you have the right to appeal. The appeal clock starts from the date of that decision letter, so do not sit on it. If the Local Authority simply misses the 20 weeks, the deadline is still your legal right: chase in writing, keep every date, and ask for a clear timeline.

This covers the law in England only. It differs in Scotland, Wales and Northern Ireland, so check your nation if different. This is information to help you prepare, not legal advice.