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• 03 Mar 2024

• Yes

  Complex

  The procedure for preparing an EHC Plan is set out in Regs2014 r11-14. The timescales are generally framed as absolute duties. For example Regs2014 r13(2) requires the LA to send the finalised EHCP to the child’s parent or young person as soon as practicable and in any event within 20 weeks of the LA receiving a request for an EHC needs assessment or becoming the responsible LA. This is a hard edged legal duty and not a “best endeavours duty”, and the timescale is not affected if a parent or young person appeals a refusal to assess which is conceded by the LA: R (W) v Hertfordshire CC [2023] EWHC 3138 (Admin) #16-17. Challenging a failure to comply with a time period is not within the scope of an FTT appeal so is a matter for judicial review: #32.

  

  Noddy 'no-nonsense' Guide
  Authors: David Wolfe QC, Leon Glenister

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