Rulebook · Time limit

Council sends the final EHC plan

The council must send the final EHC plan to the family, the named school or college and the health body.

How it is counted

As soon as practicable, and in any case within 20 weeks of the day the council received the request: the same day of the week, 20 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 sent the final EHC plan

Type of rule

Law (Act or Regulations)

Rule id

final_plan_20_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:

• 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 13(3))
• Exceptional personal circumstances affected the child, parent or young person (reg 13(3))
• The child, parent or young person was away from the council's area for at least 4 weeks in a row (reg 13(3))

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 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(2)Law (Act or Regulations)
• SEND Regulations 2014, reg 13(3)Law (Act or Regulations)
• R (W) v Hertfordshire County Council [2023] EWHC 3138 (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