How long does an EHCP take to be issued?

Short answer

Twenty weeks from the request, if the council agrees to assess. It has six weeks to decide whether to assess, a further ten to gather evidence and draft, then you get fifteen days to comment before the final plan is issued at week twenty.

The statutory timetable in the Children and Families Act 2014 is tight, and councils miss it often. Knowing the milestones is what lets you hold them to it.

The 20-week timetable

Weeks 1–6. The council decides whether to carry out an assessment. A refusal is appealable. If it agrees, the 20-week clock runs from the original request.
Weeks 1–6 (evidence). Reports are gathered from the school, an educational psychologist, health, social care, and the family and child.
Week 6. The council decides whether to issue a plan at all — another appealable decision.
Weeks 6–16. The draft is written and schools are consulted about whether they can meet the child's needs.
Week 16. You receive the draft and have 15 days to comment and name a preferred school.
Week 20. The final plan is issued.

Anyone can request an assessment — a parent, the young person themselves from 16, the school, or a professional such as a GP or paediatrician. Put it in writing to the SEND team with a description of the needs, what the school has already tried, and any reports you hold.

What the plan must contain, and what to do about delay

An EHCP runs from section A to section K. Section B describes the special educational needs and section F specifies the provision — F is legally binding and must be specific and quantified, so "30 minutes of speech and language therapy weekly" rather than "access to therapy". Section I names the placement, and a named school must admit the child regardless of whether it is full.

Missing the 20 weeks breaches section 36. Write to the SEND team noting the breach and demanding a timetable, involve your SENDIASS service, and complain to the Local Government and Social Care Ombudsman, which can recommend compensation for the delay itself. Delay does not affect your right to appeal whatever decision eventually arrives.

Appeals to the SEND Tribunal cover refusal to assess, refusal to issue, and the content of sections B, F and I. You must obtain a mediation certificate first, and you have two months from the decision letter, or one month from the certificate if later. Plans are reviewed annually, can continue to age 25 while the young person remains in education, and the young person takes over decision-making at 16 unless they lack capacity.

Read the full guide: Education, Health and Care Plans (EHCPs)Covers eligibility, the process, deadlines, and next steps in depth.

Related guides

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