Rulebook · Time limit

Council decides whether to issue a plan (shown by a draft plan, or a decision not to issue)

If, after assessing, the council decides not to issue a plan, it must tell the family and give reasons. If it is going to issue a plan, sending the draft shows that decision.

How it is counted

As soon as practicable, and in any case within 16 weeks of the day the council received the request: the same day of the week, 16 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 not issue an EHC plan

Type of rule

Law (Act or Regulations)

Rule id

decision_not_to_issue

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:

• 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 10(4))
• Exceptional personal circumstances affected the child, parent or young person (reg 10(4))
• The child, parent or young person was away from the council's area for at least 4 weeks in a row (reg 10(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

• SEND Regulations 2014, reg 10(1)Law (Act or Regulations)
• SEND Regulations 2014, reg 10(4)Law (Act or Regulations)
• Children and Families Act 2014, s 36(9)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.

Work out your dates

The whole rulebook