10 Aug 2026
The 15-day EHCP school consultation deadline explained
Understand the EHCP school consultation 15-day window, the parent's separate draft-plan period and the statutory 6-week and 20-week clocks.
Unisen Team·schools·4 min read
Schools are commonly given 15 days to respond when a local authority consults them about being named in an EHC plan. That 15-day expectation comes from paragraph 9.83 of the SEND Code of Practice and local-authority practice. It is not the same legal deadline as the parent's or young person's 15-day period for commenting on a draft plan.
The distinction matters. Several EHC plan clocks can run close together, but they apply to different people and arise from different rules.
This guide covers the position in England and provides general information, not legal advice.
The school consultation window
The SEND Code of Practice says a nursery, school or college consulted about being named should respond within 15 days. Local authorities commonly describe this as 15 calendar days in their consultation letters and guidance.
For the school, day one should be treated as the date the consultation was received unless the authority's letter clearly states otherwise. Record the receipt date, the stated deadline and any school closure that affects the time available.
Although this is a Code expectation rather than a time limit created by the SEND Regulations, it should not be ignored. If the school does not respond, the authority may continue without its comments so that the wider statutory process is not delayed.
The parent's separate 15-day period
The parent or young person's period is different. Regulation 13 of the Special Educational Needs and Disability Regulations 2014 requires the local authority to give them at least 15 days, beginning with the day the draft plan is served, to:
- make representations about the draft's content
- request a particular school or institution
- require a meeting with a local-authority officer
This is a statutory minimum. It belongs to the parent or young person, not the school.
The two periods may overlap or follow one another depending on how the authority runs its process. Do not use the parent's service date to calculate the school's response date unless the authority confirms they are the same.
The other EHC plan deadlines schools should know
| Stage | Usual deadline | Who is responsible? |
|---|---|---|
| Decision whether to assess | Within 6 weeks of the assessment request | Local authority |
| Advice requested for the assessment | Within 6 weeks of receiving the request for advice | The body asked for advice |
| Parent or young person comments on the draft | At least 15 days from service | Local authority must allow the period |
| School responds to a naming consultation | 15 days under the Code | Consulted setting |
| Final EHC plan | Within 20 weeks of the assessment request, subject to limited exceptions | Local authority |
The 6-week advice duty is particularly important for schools. Regulation 8 requires bodies asked to cooperate in securing an assessment to comply within six weeks of receiving the request, subject to the regulation's exceptions.
What to do when a consultation arrives
- Log it immediately. Record the receipt date, local-authority deadline and responsible staff member.
- Check the pack. Confirm that the draft plan and relevant Section K advice are present.
- Identify the test. Establish why the school is being consulted and which placement question the authority is deciding.
- Plan backwards. Reserve time for evidence gathering, leadership review and approval before submission.
- Raise problems early. If documents are missing or a closure period makes a proper response difficult, tell the authority at once and request what is needed.
- Submit with proof. Keep the response, attachments and delivery record.
What if the 15 days fall during a school holiday?
Do not assume the clock pauses automatically. Some local authorities consult during closure periods because they still face the overall 20-week deadline.
Respond promptly to explain the practical problem. State which staff or records are unavailable, what can be supplied now and when a complete response could reasonably follow. A lawful consultation should give the school enough information and adequate time to respond, but the safest operational approach is to communicate rather than remain silent.
What happens after day 15?
The local authority considers the school's comments alongside the family request, the draft plan and other evidence. A late response may still be read, but the authority does not necessarily have to wait for it.
Missing the window therefore creates two risks:
- the authority decides without the school's evidence
- the school has a weaker record if it later argues that the placement or provision cannot work
The practical answer is simple: treat the stated date as real, while recording accurately that the school's 15-day expectation and the family's statutory 15-day right are legally different.
Unisen's school workspace is designed to make the consultation receipt date, calendar-day countdown, evidence and response status visible in one place.