How long a local authority has to decide whether to carry out an EHC needs assessment, and what happens to SEN support while you wait.
Once a parent, young person, or school formally requests an EHC needs assessment, the local authority has 6 weeks to decide whether to carry it out, and to tell the family, including their right to appeal if the answer is no.
The local authority must decide whether to assess, and communicate that decision, including appeal rights if it refuses.
No. A child should continue receiving SEN support through their school during this period, an assessment being requested or under consideration doesn't pause or replace the support already in place.
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Does the 6 weeks include school holidays?
It runs in calendar weeks, not term-time weeks, so an ordinary half-term or short holiday doesn't pause it. There is one narrow exception: if the local authority has asked a school or college for advice and that school or college is then closed for a continuous period of at least four weeks, the local authority doesn't have to meet the 6-week deadline over that closure period.
What if the local authority misses the deadline?
A missed deadline doesn't itself change the outcome, but can form part of a later complaint or appeal.
Can the request be made by the school instead of the parent?
Yes, schools can request an assessment, alongside parents and young people themselves.
Does requesting an assessment guarantee one will happen?
No, the local authority still has to decide whether an assessment is warranted.
Can I request an assessment more than once?
Yes, if circumstances change, a new request can be made.
This article is for general information only and does not constitute legal advice. Access to Justice is not a law firm and cannot represent you.