Rulebook · Time limit
Latest day to send the draft plan and still finish within 20 weeks
Worked out from the rules, not a separate legal deadline. The family must get at least 15 days to comment on the draft, and the final plan is due within 20 weeks, so a draft sent after this day cannot be finalised in time.
- How it is counted
- Worked out from the rules, not a separate legal time limit: 15 days before the date 20 weeks after the day the council received the request, so that the at least 15 days to comment on the draft end before the 20-week date.
- 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 sent the draft EHC plan
- Type of rule
- Worked out from the law. It is not a separate legal time limit.
- Rule id
draft_latest_for_20_weeks- Rules version
- england-2026.10
- Law as at
- 30 September 2026
Part of how this date is counted is less certain in the law. Check the sources, and the counting note above.
If the date passes
The council still has to finish the plan, as soon as it can. Delay itself cannot be appealed to the Tribunal; once the final plan is sent, Sections B, F and I can be. The Ombudsman has found fault where a plan was late without a valid exception.
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 13(1)Law (Act or Regulations)
- SEND Regulations 2014, reg 13(2)Law (Act or Regulations)
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