Rulebook · Time limit
Advice from a professional or service
The Code of Practice says advice requested by the council must be provided within six weeks, subject to the exceptions in para 9.42, and should be provided more quickly wherever possible (para 9.52). In the Regulations, the six-week duty (reg 8(1)) binds only bodies asked to co-operate under section 31, such as a health body or another council. For other advisers, such as a school or the council's own educational psychologists, the council's own time limits, such as the 16 and 20 weeks from the request for an assessment, still apply.
- How it is counted
- Within 6 weeks of the day the body received the council's request for advice: the same day of the week, 6 weeks later.
- Whose date it is
- The professional or service asked for advice
- What starts it
- The council asked a professional or service for advice
- What counts as done
- The advice was received
- Type of rule
- Law (Act or Regulations)
- Rule id
advice_6_weeks- Rules version
- england-2026.10
- Law as at
- 30 September 2026
When the time limit does not apply
The law says this time limit does not apply when meeting it is impractical because:
- Exceptional circumstances affected the child, parent or young person (reg 8(2))
- The child, parent or young person was away from the council's area for at least 4 weeks in a row (reg 8(2))
- The child or young person did not keep an appointment for an examination or test made by the adviser (reg 8(2))
The duty to do it remains. Plenda only uses an exception when the local authority or the professional or service asked for advice says it relies on one.
If the date passes
The council asked for this advice and is responsible for the assessment, so it is usually the council that chases it. The council's own time limits still apply.
Steps people often take:
- Ask the council whether the advice has arrived and what it is doing to get it.
Your own deadlines do not change because the council is late.
Sources
- SEND Regulations 2014, reg 8(1)Law (Act or Regulations)
- SEND Code of Practice 2015, para 9.52Official guidance
- SEND Regulations 2014, reg 8(2)Law (Act or Regulations)
- Children and Families Act 2014, s 31Law (Act or Regulations)
- SEND Code of Practice 2015, advice more quickly wherever possible, para 9.52Code of Practice: should (follow unless there is a good reason not to)
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