Rulebook · Time limit
Decision not to issue a plan after an ordered assessment (if that is the decision)
If, after the ordered assessment, the council decides not to issue a plan, it must tell you with reasons.
- How it is counted
- As soon as practicable, and in any case within 10 weeks of the date of the order: the same day of the week, 10 weeks later.
- Whose date it is
- The council
- What starts it
- The SEND Tribunal made its order
- 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
order_assess_no_plan- 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.
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 44(3))
- Exceptional personal circumstances affected the child, parent or young person (reg 44(3))
- The child, parent or young person was away from the council's area for at least 2 weeks in a row (reg 44(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 must still carry out the Tribunal's order. The Tribunal cannot enforce its own orders, so the routes are a complaint, the Ombudsman, a complaint to the Secretary of State or judicial review.
Steps people often take:
- Write to the council, quote the order and its time limit, and ask when it will be done.
- Make a formal complaint, then complain to the Local Government and Social Care Ombudsman.
- A complaint can also be made to the Secretary of State for Education, who can direct a council that acts unreasonably or does not carry out a duty.
- For serious delay, a solicitor can send a pre-action letter before a judicial review claim (within 3 months).
Your own deadlines do not change because the council is late.
Sources
- SEND Regulations 2014, reg 44(2)Law (Act or Regulations)
- SEND Regulations 2014, reg 44(3)Law (Act or Regulations)
If you think this rule is wrong or out of date, please tell us. A person reads every report.