Letter chasing local authority EHCP delay — the platform drafts it for you | EHCP Clarity
Chase letter

Chasing a local authority EHCP delay — the platform drafts your letter for your review

When the local authority misses statutory deadlines on your child's EHCP, a well-drafted chase letter creates a clear record and escalation path. The platform drafts your letter with the right legal references, impact framing, and escalation warnings. You edit every word before you send. £149/year.

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Quick answer

A strong chase letter cites the specific regulation breached (e.g. regulation 13 of the SEN and Disability Regulations 2014 for the 20-week deadline), states the dates, describes the impact on the child, requests action with a 7-day reply deadline, and sets out the next escalation step if no response. Send by email (with recorded delivery for serious cases). Keep copies. Follow through on stated escalation.

When to send a chase letter

Week 5 (no decision yet on whether to assess)

Regulation: Regulation 5(1) SEND Regs 2014 — 6-week deadline for decision to assess

Action: Pre-deadline reminder

Day after week 6 (no decision)

Regulation: Regulation 5(1) — breach

Action: Formal chase requesting immediate response

Week 15 (no decision yet on whether to issue)

Regulation: Regulation 10 — 16-week deadline for decision to issue

Action: Pre-deadline reminder

Day after week 16 (no decision)

Regulation: Regulation 10 — breach

Action: Formal chase

Week 18 (no draft EHCP)

Regulation: Regulation 13(2) — 20-week deadline approaching

Action: Pre-deadline reminder requesting draft

Day after week 20 (no final EHCP)

Regulation: Regulation 13(2) — breach

Action: Formal chase + escalation warning

After missed annual review meeting

Regulation: Regulation 19/20 SEND Regs 2014

Action: Chase requesting urgent review meeting

After missed final amended plan

Regulation: Regulation 22 — 8-week post-review deadline

Action: Formal chase + LGSCO warning

Structure of an effective chase letter

  1. Your reference and child details: Child's name, date of birth, local authority case reference if known. Date of letter.
  2. Subject heading: E.g. 'EHC needs assessment — breach of 6-week deadline (regulation 5)'.
  3. Statement of facts: Date your request was received by local authority. Date the deadline expired. Number of days/weeks overdue.
  4. Statutory framework: Cite the specific regulation or section breached. Brief one-sentence explanation.
  5. Impact on the child: Concrete consequences — lost provision, school issues, family distress, lost evidence opportunity.
  6. Request: Specific action wanted: confirmation of decision, immediate issue of draft, expedited review, etc.
  7. Reply deadline: Typically 7 working days from date of letter.
  8. Escalation warning: What you will do if no response: formal complaint, LGSCO, pre-action solicitor letter, judicial review.
  9. Closing and contact: Polite closing. Contact details. Signature.

How to write and escalate a chase letter

  1. 1

    Identify the specific breach

    Pinpoint the deadline that has been missed, the date the clock started, and the regulation that creates the duty. Be precise — vague complaints do not work.

  2. 2

    Use a polite, formal tone

    Chase letters work best when factual and professional, not angry. State the facts, cite the law, request action, set a deadline. Anger is appropriate but rarely strategically useful in writing to local authorities.

  3. 3

    Set a specific reply deadline

    Typically 7 working days for a substantive response. This creates a record of local authority failure to respond if they miss it, and accelerates action where they want to.

  4. 4

    Document the impact on the child

    What is the cost of the delay? Lost provision, missed school, anxiety, lost evidence opportunity. Concrete impact strengthens the case for urgent action and for any later LGSCO complaint.

  5. 5

    State the next step if no response

    Make clear you will escalate — to formal complaint, LGSCO, judicial review pre-action letter. This is not a threat; it is information. local authorities respond to clear escalation paths.

  6. 6

    Keep copies and follow through

    Save copies of every letter sent and received with dates. Follow through on stated escalation if no response. Patterns of unanswered correspondence build LGSCO cases.

Example chase letter — 20-week breach

To: [local authority SEND Manager], [local authority name] Council
Cc: Director of Children's Services
Date: [date]

Re: [Child's name], DOB [DOB], local authority reference [ref]
Subject: Breach of 20-week statutory deadline for final EHCP — regulation 13 SEND Regulations 2014

I am writing to request immediate action on my child's overdue final EHCP.

The local authority received my request for an EHC needs assessment on [date]. Under regulation 13(2) of the Special Educational Needs and Disability Regulations 2014, the final EHCP should have been issued by [date] (20 weeks from request). It is now [X weeks] overdue.

This delay is causing significant harm: [specific impacts — e.g. my child has been on a reduced timetable since [date]; provision specified in the draft has not been delivered; school transition planning is on hold].

I therefore request:

  1. Confirmation that the final EHCP will be issued within 7 working days of this letter
  2. Written explanation of the cause of the delay
  3. Confirmation that no statutory exception under regulation 13(3) applies (or, if it does, written reasons)

If I do not receive a substantive response by [date 7 working days from letter], I will:

  1. Submit a formal complaint under the local authority's complaints process
  2. Refer the matter to the Local Government and Social Care Ombudsman
  3. Seek pre-action legal advice on judicial review

I look forward to your urgent response.

Yours faithfully,
[Your name]
[Phone] [Email]

Chase letter checklist

  • Specific regulation or section cited
  • Dates of original request and deadline missed
  • Concrete impact on the child documented
  • Specific action requested
  • 7-day reply deadline set
  • Escalation warning clearly stated
  • Sent to named officer with appropriate CC
  • Copy retained with timestamp
  • Calendar reminder set for follow-up date

Common chase letter pitfalls

  • Vague complaints without specific regulation citation — easy for local authority to deflect
  • Emotional rather than factual tone — distracts from the legal point
  • No reply deadline — letter sits in inbox without action
  • No escalation warning — local authority has no incentive to prioritise
  • Sent to generic email rather than named officer — gets lost
  • Not following through on threatened escalation — local authority learns warnings are empty

Frequently asked questions

When should I write to the local authority chasing my EHCP?
When the local authority misses any statutory deadline. Key milestones: 6 weeks for the decision to assess, 16 weeks for the decision to issue, 20 weeks for the final EHCP, 4-8 weeks for annual review decisions and amended plans. Send a chase letter 1-2 weeks before the deadline as a polite reminder, and a formal chase the day the deadline is missed.
What should a chase letter include?
Reference to the specific statutory regulation breached, the date the local authority received the original request, the deadline that has passed, the impact on the child, a request for immediate action with a specific reply deadline (typically 7 days), and a warning that you will escalate to formal complaint or LGSCO if not resolved.
Should I send by email or letter?
Email is fine and creates a clear timestamp. For sensitive or escalated chases, send by both email and recorded delivery letter so you have proof of receipt. Always BCC yourself or save copies in a dated folder. Do not rely on phone calls — keep everything in writing.
Who should I write to at the local authority?
Start with the case worker or SEND officer handling your child's case. CC the SEND Manager or equivalent. For escalated chases, write directly to the Director of Children's Services. Many local authorities publish org charts on their websites — find the right person to escalate to.
What if the local authority does not respond to my chase?
Escalate. After your stated deadline, escalate within the local authority — to manager, then to formal complaint at stage 1 of the local authority's complaints process, then stage 2, then to LGSCO. For very serious or urgent cases, specialist advice services (including IPSEA) may help you consider whether a pre-action letter is appropriate.
Can I send template chase letters?
Yes, but personalise them. The local authority needs to see this is a real case with real impact, not a copy-paste. Reference your child's specific circumstances, the dates that matter, and the impact of the delay. Templates give the structure; your specifics make them effective.
Should I refer to the law in my chase letters?
Yes. Citing the specific regulation or statute that has been breached is the strongest framing. For the 20-week deadline cite regulation 13 of the SEN and Disability Regulations 2014. For the 6-week assessment decision cite regulation 5. This shows you know your rights and accelerates response.
Will chase letters annoy the local authority and damage my case?
Polite, factual, well-evidenced chase letters do not damage cases. They establish a clear record of local authority delay, build the foundation for any LGSCO complaint, and often produce action. The local authority's job is to comply with statutory duties — chasing them on those duties is appropriate and expected.

Related guides

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