EHCP timescales in County Durham
If you are waiting on an EHC plan in County Durham, here is the council's actual record on EHCP timescales, from the Department for Education's own figures, and what the law entitles you to no matter what those figures say.
Want the six legal deadlines in your inbox?Email me the list
77.6%
of new EHC plans issued within the legal 20 weeks (England: 46.1%)
5,776
children and young people in County Durham have an EHC plan
34.1%
of requests for an assessment were refused (England: 26.6%)
What these numbers mean for your family
County Durham issued 77.6% of new plans inside the legal 20 week limit, above the England average of 46.1%. Better than most, but that still means roughly 22 in every 100 new plans arrived late here.
On 20 week timeliness, County Durham ranks 46 of 149 English councils that published a figure for this period, and 17 of 57 unitary authorities. Based on the published rate, roughly 191 of the 853 new plans issued here arrived after the legal deadline.
County Durham's EHCP record, line by line
| Measure | County Durham | England |
|---|---|---|
| Children and young people with an EHC plan (January 2026) | 5,776 | 718,838 |
| Requests for an EHC needs assessment received | 1,157 | 162,702 |
| Requests refused at the first decision | 34.1% (about 395 requests) | 26.6% |
| Requests that went forward | about 762 | – |
| New plans issued in the year | 853 | 110,708 |
| New plans issued within 20 weeks (excluding lawful exceptions) | 77.6% | 46.1% |
| New plans issued within 20 weeks (including exception cases) | 74.4% | 45.5% |
| New plans estimated to have arrived late | about 191 | – |
1,157 families in County Durham asked for an assessment in one year. 34.1% were refused at the first hurdle. That is around or slightly above the England average of 26.6%. If your request is refused, remember the legal test is deliberately low: the council only has to think your child "may" have SEN and "may" need a plan. If that has happened to you, read what to do when the council refuses, and remember the refusal letter must set out your appeal rights.
Work out where your own case stands
Council averages tell you what usually happens across the whole area. Your case runs on its own dates. Put in the dates from your letters and we will work out every deadline that applies to your child, with the regulation next to each one.
How County Durham compares with other unitary authorities
Raw comparisons between a small unitary authority and a huge county can mislead, so this table compares County Durham only with other unitary authorities: the strongest three, the weakest three, and County Durham itself.
| Council | Plans in 20 weeks | Requests refused |
|---|---|---|
| Bracknell Forest | 100% | 60.5% |
| Isles of Scilly | 100% | 33.3% |
| Windsor and Maidenhead | 100% | 45.5% |
| County Durham (this page) | 77.6% | 34.1% |
| West Northamptonshire | 7.9% | 39.9% |
| Bristol, City of | 6.8% | 16.2% |
| Cumberland | 6.7% | 36.6% |
The law is identical everywhere, so the gap between the top and bottom of that table reflects local staffing, educational psychologist capacity and management choices. The national picture behind it is in our guide to EHCP delays across England.
The clocks that apply in County Durham, exactly as everywhere in England
EHCP deadlines are set in national law. A backlog, staff shortages or high demand in County Durham do not pause these clocks. Only four narrow statutory exceptions can, and they are rare: our guide to the 20 week deadline explains each one.
| Stage | Deadline | The law |
|---|---|---|
| Council decides whether to assess | 6 weeks from your request | Reg 5(1) |
| Council tells you it will not issue a plan (if it assessed) | 16 weeks from your request | Reg 10(1) |
| Your window to respond to a draft plan | At least 15 days | Reg 13(1) |
| Final EHC plan issued | 20 weeks from your request | Reg 13(2) |
| Annual review of an existing plan | Within 12 months of the plan or last review | CFA 2014, s.44(1) |
| Your appeal window after an appealable decision | 2 months from the decision, or 1 month from a mediation certificate | Tribunal Rules, r.20(1)(c) |
If you are thinking about challenging a decision, we have a separate page on appealing an EHCP decision in County Durham, with how often families here appeal and how the deadline is worked out.
Already holding a plan? The annual review has its own clock, and the council must tell you what it has decided within 4 weeks of the review meeting. County Durham met that deadline in 23.3% of cases in 2025. See annual reviews in County Durham.
Keep these deadlines somewhere you can find them
We will email you the six deadlines above with the regulation behind each one, so you have them when you need to quote them to County Durham. After that, a short series on what to do when a deadline passes. Free, and one click to stop.
Where are you in the process? Start here
- Thinking about applying. The legal bar for asking is low on purpose. The free eligibility checker maps your child's situation onto the legal test in two minutes, and the application guide walks you through the request letter.
- Waiting for a decision or a plan. Put your dates into the free deadline checker. It shows every clock in your case, with the regulation cited, and tells you the day something becomes late.
- Refused. 34.1% of requests here end in a first refusal, and refusals are the most successfully appealed decision of all. Start with the refusal guide and the free challenge letter template.
- Past a deadline. Do not wait politely. Follow the escalation steps: a dated chase letter, a formal complaint, then the Local Government and Social Care Ombudsman, which regularly upholds EHCP delay complaints and can recommend financial remedies.
- Holding a draft plan. You have at least 15 days to respond. The free wording checker flags the vague phrases that make support unenforceable, with the wording to ask for instead.
Case Manager works out each of these deadlines from your dates and emails you seven days and one day before each one. Sign up for Case Manager
Free advice in County Durham
Every council area has a SENDIASS: a free, statutory information and advice service for SEND families, independent of the council's casework team. Find the County Durham SENDIASS here. The council must also publish a Local Offer setting out the SEND support available locally: search "County Durham local offer" to find it. For legal advice on an individual case, IPSEA is free and expert.
Common questions in County Durham
How long should an EHCP take in County Durham?
The law is the same everywhere in England: 20 weeks from the request to the final plan (SEND Regulations 2014, reg 13(2)), with a decision on whether to assess within 6 weeks (reg 5(1)). In practice County Durham issued 77.6% of new plans inside 20 weeks in this reporting year. Local performance never changes your legal rights.
How many children in County Durham have an EHC plan?
5,776 children and young people in County Durham had an EHC plan as at January 2026, out of 718,838 across England (Department for Education). The council issued 853 new plans in the year covered by this data.
What percentage of EHCP requests does County Durham refuse?
County Durham refused 34.1% of the 1,157 requests for an EHC needs assessment it received in this period, against an England average of 26.6%. That is roughly 395 families told no at the first step. A refusal can be appealed to the SEND Tribunal, and refusal-to-assess appeals are the most commonly successful appeal type.
What can I do if my EHCP is late in County Durham?
First confirm the breach with exact dates, then write to the council citing the regulation, then escalate to a formal complaint and the Local Government and Social Care Ombudsman if needed. The Ombudsman regularly upholds EHCP delay complaints and can recommend financial remedies. Our free deadline checker gives you the exact dates, and our escalation guide gives you the steps and letters.
Who gives free EHCP advice in County Durham?
Every council area has a SENDIASS, a free and statutory SEND information and advice service, and County Durham must also publish a Local Offer describing local SEND support. Nationally, IPSEA gives free legal advice on EHCP cases. All of them are free, and all of them sit outside the council's SEND casework team.
Source: Department for Education (DfE) / Explore Education Statistics, Education, health and care plans, Reporting year 2026 (published 2026-06-25). Timeliness is the percentage of new plans issued within 20 weeks excluding lawful exceptions. Figures cover the2025 calendar-year cohort reported in the 2026 release; caseload is as at January 2026. Figures marked "about" are estimates calculated from the published rates. This page updates when the DfE publishes new data. See the official dataset.
The law is the same for every council in England. Case Manager applies it to your dates: it works out each deadline, emails you seven days and one day before, and has the complaint letter ready if the council misses one. One subscription covers up to four children.
£29 a month. Cancel from your account at any time and your case stays readable.