The short version
When an EHCP application has been waiting for months, a school still has duties under the Children and Families Act 2014 to the child in question. The fact that the plan is not yet in place does not suspend those duties.
What matters during a delay is not just what the school is doing. It is what the school can prove it is doing. A record that cannot be produced is not a record that will protect the school or the child in the event of a dispute, an area SEND inspection, or a tribunal case.
MeritDocs keeps SEND documents in one searchable hub, so staff can filter by pupil, see what is current, and export when needed. Schools that can demonstrate a coherent, current record of provision are in a materially stronger position than those working from email threads, old plans, and memory.
The legal framework
Section 42 of the Children and Families Act 2014 requires the local authority to secure the provision specified in an EHCP once the plan is finalised. Until it is finalised, that specific duty does not apply.
However, Section 29 of the same Act requires the local authority to use its "best endeavours" to make arrangements for children with SEN. Schools have a parallel duty under Section 66 of the Act. "Best endeavours" is not a vague aspiration. It means actively working to identify need, put appropriate support in place, and track whether that support is working.
The relevant section for schools during an EHCP delay is Section 66. Schools must demonstrate they are using their best endeavours. That means having a current, written record of what is being done, why, and what effect it is having.
What best endeavours looks like in practice
Best endeavours during an EHCP delay typically means several things running at the same time:
The school has identified the child as having SEN and placed them on the SEN register at SEN support level. The school has appointed a case manager, usually the class teacher or form tutor, and a lead SENCO contact. The school has a written support plan that sets out current provision, intended outcomes, and review dates. The school has engaged with outside agencies where needed and has records of those engagements.
What to do when an EHCP is delayed is not a new problem. It is an existing problem with a specific legal framing. The challenge for most schools is not knowing what to do. It is knowing how to record what is being done in a way that is coherent, current, and exportable.
The inspection risk
Ofsted inspectors will look at how schools are meeting the needs of children with SEND, regardless of whether EHCPs are in place. If a child has been on SEN support for six months with no documented review, no clear plan, and no evidence of impact tracking, that is a provision gap regardless of whether the EHCP process is still running.
Area SEND inspections look at how well local areas are fulfilling their duties. Schools that cannot produce a coherent record of current provision for children without finalised EHCPs are visible gaps in that picture.
This is not about paperwork for its own sake. It is about having evidence that can be produced if it is needed. Patchwork systems work until they do not. Shared drives, old Word documents, email threads, and handwritten notes can keep a school going for a while. They are much less good at giving staff one dependable version of the truth when the day changes quickly.
What to keep and how
The school should maintain a live document for every child where an EHCP application is active or has been delayed. That document should record:
The date the application was submitted and to which local authority
The current stage of the application (check with the LA caseworker and note the date and what was said)
Any correspondence received from the LA and the school's response
The provision currently in place for this child, with dates
Any outside agency involvement, with dates and what was discussed
Progress notes, with dates and who wrote them
Review dates and outcomes
This is not a separate EHCP substitute. It is a working record that keeps the child's needs visible to whoever is working with them, including cover staff, supply teachers, and anyone who steps in mid-year.
MeritDocs helps schools run this properly by keeping SEND documents in one place, with current information easier to find, review dates visible, and exports straightforward. When a caseworker calls and asks what provision is in place for a specific child, the answer should be a two-minute retrieval, not a 20-minute search.
Escalation and what to do when the LA is not responding
If an EHCP application has been waiting beyond the 20-week target without a decision, the school should:
Document each contact with the LA in writing and keep copies. Write to the SEN caseworker with a formal update request and keep a copy. Escalate to theSEN team manager if emails are not returned within 10 working days. Contact the EHCP Advice and Assessment Service at the local authority, or IPSEA if the family needs independent advice. If the situation has been unresolved for more than 16 weeks, consider whether a mediation complaint or SEND tribunal appeal is appropriate.
Recording all of this activity in the same place as the provision records means the school is building a documented case rather than a collection of informal emails.
What good looks like
A school with a delayed EHCP case and sound records management has: a named case manager for the child, a live provision document that is reviewed at least termly, written evidence of all LA contact, and a record of what outside agencies have been engaged and when.
If that picture is not what the school has right now, the starting point is not legal action. It is pulling everything into one place before the situation gets complicated. MeritDocs helps schools do that without building an elaborate system.
The real gain is not just speed. It is a record people can actually rely on when the day changes quickly.