What the 20 weeks is meant to look like
The 20-week total breaks down into three statutory stages, all set out in paragraphs 9.41 and 9.42 of the SEND Code of Practice 2015:
- Weeks 1–6: the council decides whether to carry out an EHC needs assessment.
- Weeks 7–16: if they say yes, they gather the evidence (Educational Psychologist report, school report, clinician letters) and decide whether to issue a plan.
- Weeks 17–20: a draft plan goes to you for 15 days to comment, then a final plan is issued.
The clock starts the day the council receives your request, not the day they acknowledge it. Keep the sent-email timestamp; you'll need it if the deadline slips.
What it actually looks like
The Department for Education publishes data on this each June, in the SEN2 release. The most recent data shows fewer than half of new EHCPs are issued within 20 weeks across England, and the gap between best- and worst-performing councils is large. Some councils issue over 90% on time; others issue less than 10%.
Where it goes wrong is usually the Educational Psychologist (EP) report. England has a long-standing EP shortage, and councils that don't have enough EPs queue assessments. A council that misses the deadline because “the EP report is delayed” is in breach of the law; the deadline is on them, not on the EP service.
What you can do if it slips
Three things, in order of leverage.
- Write to the SEN team's Head of Service (not the case officer) when you reach week 16 with no draft plan. Cite the section 9.42 deadline. Ask for a written timeline.
- If you reach week 20 with nothing, file a formal complaint to the council under their corporate complaints procedure. The complaint creates a paper trail you'll need at stage three.
- If the council doesn't respond or doesn't progress, complain to the Local Government and Social Care Ombudsman. The Ombudsman regularly upholds complaints about EHCP delays and orders councils to pay compensation (typically a few hundred to a few thousand pounds) for the delay and the avoidable distress.
If the council has already refused to assess or refused to issue a plan, the route is different: you appeal to the SEND Tribunal. See “What do I do if my EHCP application is refused?”.
Where the law comes from
Related
This page is general information, not clinical or legal advice.