Explain
Exceptions to the time limits
The Regulations list a few situations where a fixed time limit need not be met, because meeting it is impractical. The duty itself remains, and where the Regulations say "as soon as practicable", that still applies. The situations include a school, college or nursery closed for 4 weeks or more when its advice is asked. Others concern the child, parent or young person: exceptional personal circumstances, or being away from the area for at least 4 weeks in a row.
Each time limit has its own list, so an exception counts only for the time limits whose regulation includes it. A closure counts only when the advice is asked from one week before the school, college or nursery closes until one week before it reopens. Advice from a health or other body the council asks to help has its own list, which includes a missed appointment for an examination or test. That list excuses the body, not the council. After a tribunal order, an absence of 2 weeks or more can count. Staff shortages and waiting lists are not on any list. A school holiday does not count on its own. The exceptions do not apply to the family's own 15-day period to comment. An exception does not add a set number of days, so Plenda shows the normal date and never works out an "extended" one.
- Type of rule
- Law (Act or Regulations)
- Rule id
time_limit_exceptions- Rules version
- england-2026.10
- Law as at
- 30 September 2026
Sources
- SEND Regulations 2014, reg 5(4)Law (Act or Regulations)
- SEND Regulations 2014, reg 8(2)Law (Act or Regulations)
- SEND Regulations 2014, reg 10(4)Law (Act or Regulations)
- SEND Regulations 2014, reg 13(3)Law (Act or Regulations)
- SEND Regulations 2014, reg 27(3)Law (Act or Regulations)
- SEND Regulations 2014, reg 44(3)Law (Act or Regulations)
- R (JSC) v Cambridgeshire County Council [2026] EWHC 68 (Admin)Case law, to verifyStill to confirm the citation, the holding, that the decision has not been overturned on appeal, and that it is treated as binding on the First-tier Tribunal.
Related
- Time limits for assessments and plans (6, 16 and 20 weeks)
- The 15-day period to comment on a draft plan
- Educational psychologist (EP)
- Tribunal orders and the time limits to follow them
In an assistant, the ehcp_calculate_deadlines tool helps with this: EHCP deadlines.
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