Letter: chase an overdue plan

Send this when more than 20 weeks have passed since you asked for the assessment and you still do not have a final EHC plan. It reminds the Local Authority of its legal duty and asks for a firm date.

The law says the final EHC plan must be issued within 20 weeks of the Local Authority receiving the request for an assessment. There are only narrow exceptions. If the Local Authority keeps missing the deadline, this letter creates a clear record you can use later in a formal complaint or to the Ombudsman. This applies in England; check your nation if elsewhere. This is information, not legal advice.

Here is the template.

To: [LA SEN TEAM EMAIL]. Date: [DATE]. Dear [NAME OR “SEN Team”].

Overdue final EHC plan for [CHILD’S NAME]. Child’s name: [CHILD’S FULL NAME]. Date of birth: [DD/MM/YYYY]. Your reference: [REFERENCE NUMBER]. Date of original assessment request: [DATE].

It is now [NUMBER] weeks since I requested an EHC needs assessment for [CHILD’S NAME] on [DATE]. The law requires the final EHC plan to be issued within 20 weeks of that request. That deadline has now passed.

[IF YOU HAVE A DRAFT BUT NO FINAL PLAN: I received a draft plan on [DATE] and returned my comments on [DATE], but I have not received the final plan.]

The delay is having a real effect on [CHILD’S NAME]. [DESCRIBE THE IMPACT, e.g. they are without the support they need / out of school / falling further behind.]

Please: 1. Confirm the current status of the plan. 2. Give me a firm date by which the final plan will be issued. 3. Explain the reason for the delay.

If I do not receive a clear date within [10] working days, I will make a formal complaint and consider escalating to the Local Government and Social Care Ombudsman. Yours faithfully, [YOUR FULL NAME], parent of [CHILD’S NAME].