The 20 week EHC needs assessment deadline

When carrying out an Education, Health and Care (EHC) needs assessment that will lead to an EHC plan the law is clear that the final plan must be issued within 20 weeks of the initial request.

The law states in the Special Educational Needs and Disability (SEND) Regulations 2014 at:

• Regulation 13(2) – the local authority must finalise the EHC plan ‘as soon as practicable, and in any event within 20 weeks of the local authority receiving a request for an EHC needs assessment…’

• Regulation 13(3) – the local authority does not have to comply with the 20 week deadline if it is impractical for one of the reasons set out in 10(4) (a) to (d), i.e.(a) the authority has requested advice from the head teacher or principal of a school or post-16 institution during a period beginning one week before any date on which that school or institution was closed for a continuous period of not less than 4 weeks from that date and ending one week before the date on which it re-opens;(b) the authority has requested advice from the person identified as having responsibility for special educational needs (if any) in relation to, or other person responsible for, a child’s education at a provider of relevant early years education during a period beginning one week before any date on which that provider was closed for a continuous period of not less than 4 weeks from that date and ending one week before the date on which it re-opens;(c) exceptional personal circumstances affect the child or the child’s parent, or the young person during that time period; or

  (d) the child or the child’s parent, or the young person, are absent from the area of the authority for a continuous period of not less than 4 weeks during that time period.’

What can parents do if the local authority wants to issue an incomplete final EHC plan within the 20 week timeframe? 

The issue of a final plan with elements missing is not helpful to anyone. Yes, the local authority ensures that it adheres to the 20 week timeframe but the result is an incomplete plan. Of course, parents have the option to appeal to the Special Educational Needs and Disability Tribunal if they do not agree with the contents of the final plan but this can be a lengthy, stressful and potentially costly process and should be regarded as a last resort.

Can parents extend the 20 week timeframe for sensible reasons?

Unfortunately there is no clear answer. The 20 weeks is a strict deadline with limited exceptions. The exceptions in law do not cover a situation where the local authority has not obtained sufficient evidence to complete the EHC needs assessment.

If the local authority issues an incomplete plan, this is likely to because it has not carried out the EHC needs assessment in the way prescribed by law (Regulation 6, SEND Regulations 2014) which states that the local authority must carry out an EHC needs assessment that must include advice from social services and health.

My advice is for parents to remind the local authority that they have erred and that they put it right without further delay. If parents wish to pursue this option, they need to make sure a ‘new’ deadline is agreed. Parents can point out that only they can challenge the local authority’s delay (by judicial review) but that they will not be pursuing this remedy. The local authority can also be reminded of the general principles of the Children and Families Act 2014, at s19, that the local authority must have regard to the wishes of the parents and for the importance of parents to fully participate in decision making.