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06.04 Are there time limits in respect of the preparation of an EHCP?

Noddy 'No-nonsense' Guide to SEN law
Noddy No-nonsense Guide

Noddy No-nonsense Guide
Authors: David Wolfe KC, Leon Glenister
03 Mar 2024

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  • 03 Mar 2024

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    Yes. 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. The Court may grant a declaration that the LA was unlawfully acting in breach of statutory duty even if, after a claim is issued, the LA reaches a decision rendering the claim academic in practical terms; indeed that will generally be the norm unless there are reasons not to make a declaration and particularly appropriate where there is evidence of the LA missing deadlines in other cases: R (JSC) v Cambridgeshire CC [2026] EWHC 68 (Admin) #81-89.

    [updated 01/03/26]

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