How Do the Summer Holidays Impact EHC Needs Assessment Timescales?

With the summer holidays now ended, Local Authorities may have found themselves dealing with EHC Needs Assessment requests where the six-week decision-making deadline falls during a period when schools are closed. This raises an important question for families; can a Local Authority delay its decision until the school term begins?

The six-week rule

The starting point is clear. Where a request for an EHC Needs Assessment is made, the Local Authority must notify the parent or young person of its decision within six weeks, in line with the Children and Families Act 2014. The decision must be made, as to whether to carry out an EHC Needs Assessment, within this timescale. The Local Authority should consider the information already available, including evidence from parents, the school and any relevant professionals.

The school holiday exception in Regulation 5

However, the Special Educational Needs and Disability Regulations 2014 provide a limited exception where it is impractical for the Local Authority to comply with the statutory timescale because it has requested information or advice from the child’s school during a period when the school is closed for a continuous period of no less than 4 weeks, or immediately before that closure. This exception recognises that schools may not be able to provide information while they are closed during the summer holidays, particularly where the Local Authority has made a specific request and that information is genuinely needed to reach its decision.

Not a blanket extension

Importantly, this does not mean that the summer holidays provide a blanket extension to the six-week deadline. The relevant circumstances in Regulation 5 must apply. A Local Authority cannot simply put an EHC needs assessment request “on hold” because it is the summer holidays, particularly where it already has sufficient information to make its decision. It should also act promptly when the school reopens and avoid treating the exception as an automatic or indefinite delay.

Why the timing of the request matters

The timing of the request may therefore be significant. For example, if a request is made on 1 July, the usual six-week period would expire on 12 August. If the Local Authority has asked the school for information shortly before it closes and that information cannot reasonably be provided until the school reopens, the Regulation 5 exception may apply. However, the Local Authority must still notify the family as soon as practicable and should not assume that it can wait until the start of the autumn term without explanation. If the exception does not apply, it must notify the parent or young person of its decision by 12 August.

By contrast, if the Local Authority has not requested information from the school, or if the information is available from other sources, the school holidays may not justify missing the deadline.

What parents, schools and local authorities should do

For parents and young people, it is worth keeping a record of when the request was made, asking when the six-week deadline falls and seeking written reasons for any delay. You can also ask the Local Authority to explain whether it is relying on the Regulation 5 exception and what information remains outstanding. For schools, responding promptly before the end of term, where possible, may help avoid unnecessary delay.

For Local Authorities, the message is equally important: school holidays may sometimes explain a delay, but they do not automatically excuse non-compliance with statutory timescales. Each case should be considered on its facts, with the exception applied narrowly and only where the statutory conditions are met.

How we can help

If you are currently experiencing any delays progressing throughout the EHC Needs Assessment process, or if you have any questions in relation to the process generally, our specialist education solicitors can assist with providing you with advice in respect of the steps that should be taken. Please contact our specialist education team on 0333 202 7175 or education@hcbgroup.com.