Assessment taking too long
What to do when your child's EHC needs assessment is delayed beyond the 20-week statutory timescale.
Assessment taking too long
The law says your local authority must complete the EHC needs assessment process within 20 weeks. That means from the date you made the request to the date they issue the final EHCP. The clock starts when you ask, not when they agree. In practice, many local authorities miss this deadline. The Local Government and Social Care Ombudsman receives more complaints about EHCP delays than almost any other SEND issue.
You do not have to accept delays quietly. There are things you can do.
The statutory timescales
Here is how the 20 weeks should break down:
| Stage | Timeframe |
|---|---|
| LA decides whether to assess | Within 6 weeks of your request |
| Assessment period | Runs inside the same 20 weeks |
| LA decides whether to issue an EHCP | Within 16 weeks of your request |
| Your response to the draft | 15 days from receiving it |
| Final EHCP issued | Within 20 weeks of your request |
These are legal requirements, not guidelines. The local authority must meet them unless there are exceptional circumstances, and 'we are busy' does not count.
What to do if the assessment is late
Work out exactly when the 20-week clock started. It starts on the date you made the request, not the date the local authority agreed to assess. This matters: the six weeks they take to decide are part of the 20 weeks, not extra time on top.
Send a clear, factual email. State the date you made your request, how many weeks have passed, and ask for an update with specific dates. Reference regulation 13(2) of the Special Educational Needs and Disability Regulations 2014, which sets the 20-week deadline.
Give them a reasonable deadline to respond, such as 10 working days. State that if you do not receive a satisfactory response, you will escalate your complaint.
If the SEN team does not respond or the delay continues, you can: - Make a formal complaint to the local authority - Contact your local councillor - Complain to the Local Government and Social Care Ombudsman
SpektraBot can draft the chasing letter for you. Just ask: 'Can you write a letter to the local authority chasing my child's EHC needs assessment? They agreed to assess on [date].'
When delays become a complaint
The Local Government and Social Care Ombudsman regularly upholds complaints about EHCP delays. If the local authority has missed the 20-week deadline without a valid reason, the Ombudsman may find fault and recommend a remedy, which can include a formal apology and a financial payment to recognise the impact on your child.
You do not need to wait until the entire process is finished to complain. If the local authority is already significantly past a deadline, you can complain now.
Exceptions to the 20-week rule
The local authority can extend the timescale in limited circumstances:
- You asked for more time (for example, to get a private report)
- The assessment could not be completed because a professional was unavailable and this was outside the LA's control
- The request was made close to the school holidays (but this only allows a limited extension)
'We have a backlog' or 'We are short-staffed' are not valid exceptions.
If your local authority says they are pausing the assessment because they are waiting for a professional report, ask them to confirm this in writing, with the specific reason and expected date. They cannot pause indefinitely.
Support while you wait
The assessment does not put your child's support on hold. While the local authority gathers evidence, the school should continue delivering SEN Support and running the graduated approach. If the school suggests waiting for the outcome before putting help in place, push back: the help your child needs now does not depend on the assessment finishing.
Keeping records
Throughout the process, keep a record of:
- Every email you send and receive, with dates
- Phone call notes (who you spoke to, when, what they said)
- Any promises made about timescales
SpektraBot's timeline feature can track these dates automatically. Add the date the assessment was agreed and it will calculate the deadlines for you.
Try asking this question in a chat:
“My child's EHC needs assessment is past the 20-week deadline. Can you help me write a chasing letter?”