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Rulebook · Time limit

Council decides whether to assess

The council must tell the family whether it will carry out an EHC needs assessment, and give reasons if it will not.

How it is counted
As soon as practicable, and in any case within 6 weeks of the day the council received the request, or the child or young person was brought to its attention: the same day of the week, 6 weeks later.
Whose date it is
The council
What starts it
The council received the request for an EHC needs assessment, or The child or young person was brought to the council's attention as someone who may have special educational needs, or The council became responsible for the child or young person (for example after moving into the area)
What counts as done
The council told the family it will carry out an assessment, or The council told the family it will not carry out an assessment, or The council sent written notice of a decision that can be appealed
Type of rule
Law (Act or Regulations)
Rule id
assessment_decision
Rules version
england-2026.10
Law as at
30 September 2026

If the council decides not to assess, reg 4(1) separately requires that notice within 6 weeks and lists no exceptions. The reg 5(4) exceptions refer only to the reg 5(1) limit, so on the wording a refusal is still due by this date. Whether a court would read an exception into reg 4(1) is not settled.

When the time limit does not apply

The law says this time limit does not apply when meeting it is impractical because:

  • Advice was asked of a school, college or early years setting during a closure of at least 4 weeks (the period from 1 week before it closed to 1 week before it reopened) (reg 5(4))
  • Exceptional personal circumstances affected the child, parent or young person (reg 5(4))
  • The child, parent or young person was away from the council's area for at least 4 weeks in a row (reg 5(4))

The work must still be done as soon as practicable. Plenda only uses an exception when the local authority says it relies on one.

If the date passes

The council still has to make and send its decision. A late decision does not mean the answer is yes, and there is nothing to appeal to the Tribunal until a decision is made.

Steps people often take:

  • Write to the council's SEN team, say which time limit has passed, and ask when it will be done.
  • Make a formal complaint through the council's complaints process.
  • If that does not resolve it, complain to the Local Government and Social Care Ombudsman, which looks at delay.
  • For serious delay, a solicitor can send a pre-action letter before a judicial review claim, which must be brought promptly and within 3 months.

Your own deadlines do not change because the council is late.

Sources

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