My EHCP Took Longer than 20 Weeks - What are my Options?

The law is clear: from the date you apply, a Local Authority has 20 weeks to complete the EHC needs assessment process and issue a final EHCP, or confirm they won't be issuing one. In practice, many families wait considerably longer — sometimes well beyond 30 or even 40 weeks. If this has happened to you, it's worth understanding both why it matters and what, realistically, you can do about it.

Why the delay matters, even after the plan is issued

A late EHCP isn't just frustrating — it represents a period during which your child may have gone without support they were entitled to. This matters for two reasons: it can form part of a formal complaint, and in some circumstances, delay itself has been found by the Local Government and Social Care Ombudsman to warrant a remedy, separate from anything about the content of the plan itself.

What you can actually do

- Raise a formal complaint with the Local Authority, referencing the specific statutory timeframe and how far it was exceeded
- Escalate to the Local Government and Social Care Ombudsman if the Local Authority's own complaints process doesn't resolve things satisfactorily — the Ombudsman regularly investigates and upholds complaints about EHCP delays
- Keep a clear written timeline of every stage — date of request, date of assessment decision, date of draft, date of final plan — since this is exactly the evidence needed to support a complaint
- Don't let the delay distract from the content of the plan itself — a late but well-written EHCP is still worth engaging with properly; the delay is a separate issue to raise alongside, not instead of, checking the plan is right

Does a delay affect your ability to appeal the contents of the plan?

No — your right to appeal Sections B, F, I (and others, where relevant) to the SEND Tribunal is unaffected by how long the process took. The delay is a separate, additional issue worth raising, not something that limits your other options.

Dealing with a delayed EHCP and not sure what to prioritise?