Challenging Delays in the EHCP Process – A Conversation with My Local MP

As a SEND advocate and a SEND parent, I spend every day supporting families who are navigating a broken and deeply frustrating system. I've experienced the frustration myself, and I hear the same from the families I work with : children being left without the right support, missing education and parents having to fight just to secure what their child is legally entitled to.

One recent case really highlighted the problem: A family I’m working with waited nearly 49 weeks just for an Educational Psychology (EP) assessment – a process that, by law, should have happened within just 6 weeks as part of the 20-week Education, Health and Care Plan (EHCP) timeline. I worked with the client and quickly got the EP assessment expedited and the draft plan issued.

Even now, after all that time, the local authority is still trying to stall finalising the plan, causing further unacceptable delays. Meanwhile, the child at the centre of this is still waiting for the right support to access education.

Another case involves a child who has been out of education for over 18 months while waiting for a suitable school placement and an EHCP that accurately reflects their needs. Despite repeated communication and clear evidence of the child’s distress and regression, the local authority has failed to act within the required legal timeframes. This child has missed vital education, social development opportunities, and support they are legally entitled to.

What the Law Says

For clarity, the SEND Regulations 2014 state that:

Local Authorities must issue a final EHCP within 20 weeks of receiving a request for an EHC Needs Assessment.
Under Section 19 of the Education Act 1996 Children without a school placement should still receive suitable alternative education.

In both of these cases and countless others , these legal duties have been ignored. These are not isolated incidents. They are becoming the norm for too many families.

Discussions with the Local MP

Frustrated by these situations and the SEND crisis - I recently contacted my local MP, to raise my concerns about the state of the SEND system.

In his response, he acknowledged what many of us already know:

"The current special educational needs and disabilities system does not deliver the best education for children like it should. This is unacceptable, and it is clear the system needs far-reaching reform."

He emphasised several key points from the Government's position, including:

The importance of early identification of children's needs, so support can be put in place without unnecessary delay.
The fact that children shouldn't have to wait for an EHCP to receive support, acknowledging that interim measures should be available.
The Governments commitment to long-term SEND reform, informed by engagement with parents, carers and experts from the sector.

Also highlighting the Government’s current commitments to SEND reform, including:

£740 million for 10,000 new SEND places through expanded specialist units in mainstream schools.
£1 billion from the schools budget specifically targeted for children with additional needs.
A pledge to make schools more inclusive so more children can receive appropriate support locally.

He also stressed that making schools more inclusive was a key Government priority, highlighting that only 1 in 10 schools currently has specialist SEND provision, something the Government aims to improve.

While these plans sound promising on paper, for families on the ground, the reality remains stark: Children are still waiting. Support is still delayed. The legal 20-week EHCP deadline is still being routinely breached.

Systemic Failures Need Action Now

We don’t just need promises of future reform. We need:

Timely assessments
Legally compliant EHCPs
Early identification of needs
Meaningful, accountable action when deadlines are missed

SEND children can’t afford to wait. Every week without support impacts their education, increase struggles with mental health, and parents burning out from endless battles.

The ongoing impact on Children

Every week of delay means:

Missed education
Worsening anxiety and mental health issues
Loss of social development
Families having to fight, escalate and often seek legal support.

For many children , the impact of being unsupported or out of education lingers long after the paperwork is finally completed.

What Parents Can Do

If you’re currently facing EHCP delays or fighting for your child’s needs to be recognised, here’s what I recommend:

Keep everything in writing
Emails, letters, dates of calls—it all builds a paper trail if you need to escalate.
Know your rights

The 20-week timeframe for EHCPs is a legal duty. Waiting nearly a year for assessments or leaving a child out of education for over 18 months is simply not acceptable.

Consider formal complaints or legal action

Sometimes, sadly, that’s what it takes to get the system moving.

My Commitment as an Advocate

I will continue to raise these issues at every level, whether that’s challenging local authorities, supporting families, or engaging MPs and policymakers.

Every child deserves an education that meets their needs - without delay, without endless waiting, and without having to fight every step of the way.

If you need support, advice, or just someone to help you navigate the EHCP process, please don’t hesitate to contact SEND Empowerment Advocacy.

Together, we can make SEND voices heard.

If you need help navigating the process, we are here to support you for no cost at all!

Why You Are the Expert on Your Child – Even When Professionals Disagree

When you’re navigating the SEND system, it’s easy to feel like everyone else knows more than you — the teachers, the therapists, the SENCOs, the specialists. They speak in acronyms. They reference studies. They quote procedures and policies. And sometimes, they make you doubt what you know to be true about your own child.

Let’s be clear:
You are the expert on your child.
That doesn’t mean you have all the answers. It means your insight, lived experience, and instincts are valid, vital, and valuable. Here’s why that matters — especially when you face disagreement or resistance.

🧡 You Know the Full Picture

Most professionals see a snapshot of your child — one setting, one behaviour, one report.

You live the full story:

You see how your child struggles after school, even if they ‘mask’ all day.

You know the triggers, the patterns, the progress that doesn’t show in data.

You’ve watched their confidence rise (or drop) over time.

You’ve adjusted your life to meet their needs — often without support.

That knowledge is powerful. It doesn’t need a qualification to be valid.

🧠 Professionals Have Expertise — But So Do You

Yes, professionals bring valuable knowledge. But that doesn’t cancel out your voice.

A teacher may understand curriculum standards — but not your child’s mental load in a noisy classroom.

A therapist might know developmental averages — but not what your child needs on their timeline.

A report might suggest there’s no “significant difficulty” — but you know that getting dressed for school is a daily mountain.

It’s not either/or. It’s both/and.
Professionals bring their knowledge. You bring your lived reality. Together, that should shape the support your child receives.

🚩 When You’re Told “They’re Fine in School…”

One of the most painful phrases parents hear is:
“We don’t see that here.”
Or worse:
“They’re coping.”

Coping is not thriving.
Masking is not success.
Silence is not consent.

Your child might be internalising their distress. They might hold it together in class and explode at home. That doesn’t mean they don’t need support — it means their distress isn’t being seen where it should be.

So if you’re hearing this phrase, please know: You are not overreacting. You’re advocating.

Your Voice Is Protected in Law

The SEND Code of Practice says that a child’s needs must be identified by taking into account the views, wishes and feelings of the child and their parent.

Your input should not be optional.
It’s a legal requirement.

That means:

You can submit your views in writing during EHCP assessments and annual reviews.

You can ask for a review of decisions.

You can challenge reports that feel incomplete or inaccurate.

You can request additional assessments.

And if you feel dismissed, you have every right to seek support from an advocate, legal adviser, or SENDIASS service.

💪 Trust Your Voice – Even When It Shakes

You don’t need to be perfect to be powerful.

You might forget a point in a meeting. You might get emotional. You might be told you’re “too passionate” (translation: you care deeply). That’s okay.

Your voice matters because you love your child.
Because you see them fully.
Because no report or data point will ever reflect the whole of who they are — but you do.

Final Thoughts: You’re Not Alone

At SEND Empowerment, we’re here to remind you:

You are allowed to question decisions.

You are entitled to ask for clarity.

You are qualified to advocate.

And you are the expert on your child, even when professionals disagree.

If you ever need help preparing for a meeting, writing a parent statement, or just being reminded that your voice deserves space at the table — reach out. We're here.

Supporting Your SEND Child as the School Year Comes to a Close

As the end of the school year approaches, many parents feel a mix of emotions—relief, pride, anxiety, and even exhaustion. For families of children with Special Educational Needs and Disabilities (SEND), this transition period can be particularly challenging and emotional.

Whether your child had a year of growth or faced difficulties, it’s important to acknowledge the journey you’ve both travelled—and to feel empowered about what comes next.

🎓 Reflecting on the Year

Take a moment to reflect on your child’s progress, however small it may seem. Achievements in the SEND world look different for every child:

-Learning to manage a new routine

-Trying a new food or activity

-Attending school more regularly

-Using their voice (spoken, signed, or aided) in a new way

-Celebrate these moments. Every step forward counts.

🗂️ End-of-Year Meetings & Reports

You may be receiving:

-Annual Review summaries

-School reports

-Progress data

-EHCP reviews or updates

It’s helpful to read these documents carefully, highlight concerns, and write down any questions for future meetings. If you feel something is missing or inaccurate, you have the right to request clarification or a meeting with your SENCO or caseworker.

Top Tip: Keep everything organised in a SEND folder—this will be useful when planning for September.

⛱️ Preparing for Summer Break

The long break can bring changes to routine, sensory challenges, or increased anxiety. Here are some ideas to support your child over summer:

Create a visual calendar showing key events or changes in routine

Use social stories to explain holidays, new environments, or visitors

Build in daily structure—even simple routines can reduce anxiety

Balance rest with stimulation—sensory play, quiet time, and movement breaks

💬 If your child receives therapy or 1:1 support, check in with your providers to explore summer options or home strategies.

📝 Looking Ahead to September

Now is a good time to:

-Review your child’s EHCP or SEN support plan

-Note any changes in needs or new goals

-Contact the school with any transition concerns

-Ask about transition visits if your child is moving to a new school or class

You don’t have to do this alone. If you need help preparing questions or reviewing documents, we’re here for you.

💛 You’re Doing an Incredible Job

Parenting a SEND child takes extraordinary strength, patience, and love. As this school year wraps up, take time to recharge. Rest when you can, reach out when you need to, and remind yourself that your efforts matter—every single day.

📣 Need Support?

SEND Empowerment Advocacy will be open throughout the summer holidays, we offer:

FREE advice on EHCPs and education rights

Flexible appointments to suit your schedule

Quick-response email support
Let us help you feel confident and informed for the road ahead.

📩 Get in touch today.