Deadlines calculator
Enter a date to see the legal deadlines that follow from it. Nothing you type leaves your browser.
The deadlines are calendar weeks and months. They include school holidays. The law allows a few exceptions, listed under each calculator. This is not legal advice. If a deadline is close or has been missed, get advice from IPSEA or Waltham Forest's SEND information, advice and support service (SENDIASS).
EHC needs assessment
| Step | Deadline | Date | Law |
|---|---|---|---|
| The council tells you whether it will assess | 6 weeks after the request | Enter a date | SEND Regulations 2014, reg. 5 |
| Professionals asked for advice (for example an educational psychologist or health service) send it | 6 weeks after the council asks them | Depends on a date you won't know | SEND Regulations 2014, reg. 8 |
| If the council decides after assessing not to issue a plan, it tells you | 16 weeks after the request | Enter a date | SEND Regulations 2014, reg. 10 |
| You get the draft plan | No fixed date. You must get at least 15 days to comment and ask for a school. This is the latest the draft can arrive and still leave you 15 days before the final plan is due. | Enter a date | SEND Regulations 2014, reg. 13(1) |
| The council sends the final EHC plan | 20 weeks after the request | Enter a date | SEND Regulations 2014, reg. 13(2) |
Exceptions. The 16 and 20 week deadlines don't apply if it is impractical to meet them because the council asked a school or nursery for advice shortly before a closure of 4 weeks or more, because of exceptional personal circumstances, or because the child or family were away from the area for 4 weeks or more (SEND Regulations 2014, regulation 10(4)). The 6 week deadline has similar exceptions. See how often Waltham Forest meets the 20 week deadline.
Annual review
| Step | Deadline | Date | Law |
|---|---|---|---|
| You are told the date of the meeting | At least 2 weeks before the meeting | Enter a date | SEND Regulations 2014, reg. 20(3) |
| Advice and reports are sent to everyone invited | At least 2 weeks before the meeting | Enter a date | SEND Regulations 2014, reg. 20(4) |
| The written report of the review is sent out | 2 weeks after the meeting | Enter a date | SEND Regulations 2014, reg. 20(9) |
| The council tells you whether it will keep, change or end the plan | 4 weeks after the meeting | Enter a date | SEND Regulations 2014, reg. 20(10) |
| You can comment on the proposed amendments and ask for a school until at least | 15 days, counting the day you received the amendments | Enter a date | SEND Regulations 2014, reg. 22(2) |
| The council sends the final amended plan, or tells you it won't amend it | 8 weeks after it sent the proposed amendments | Enter a date | SEND Regulations 2014, reg. 22(3) and (4) |
Moving school. When a child is moving to a new phase of education, for example from primary to secondary school, the plan must be reviewed and amended by 15 February in the year of the move. For a move from secondary school to college or another post-16 setting, the date is 31 March (SEND Regulations 2014, regulation 18). Every plan must be reviewed at least every 12 months (Children and Families Act 2014, section 44(1)). See how many Waltham Forest reviews are done on time.
Appealing to the SEND Tribunal
| Step | Deadline | Date | Law |
|---|---|---|---|
| Contact a mediation adviser and say whether you want mediation | 2 months after the decision letter was sent | Enter a date | SEND Regulations 2014, reg. 33 |
| The mediation adviser issues a certificate, if you don't want mediation | 3 working days after you tell them | Depends on a date you won't know | SEND Regulations 2014, reg. 34 |
| Your appeal must reach the Tribunal | 2 months after the decision letter, or 1 month after the mediation certificate, whichever is later | Enter a date | Tribunal Procedure Rules 2008, rule 20(1)(c) |
You don't need a mediation certificate if your appeal is only about the school or type of school named in the plan, or that no school is named (Children and Families Act 2014, section 55(2)). The Tribunal can accept a late appeal in some cases. See GOV.UK: appeal to the SEND Tribunal and appeals about Waltham Forest decisions.