My child isn't getting the help they need at school

How long

The district must finish the evaluation within 60 days of receiving your consent, or within your state's own timeframe if your state has set one. If your state has set its own timeframe, that one applies instead of the 60 days, so ask your state's education department or your Parent Center (see Who to call) which applies.

Starts

the day the school district receives your written consent for the evaluation, not the day you ask. You or the school can start the request. The school must first give you written notice and a copy of its procedural safeguards notice (the paper that lists your rights), and must get your informed consent before it evaluates. Keep a copy of your request and note the day you returned the consent form.

If missed

If the district is slow, write and ask for the date the 60 days started and when the evaluation will be finished. If the district refuses to evaluate, ask for its refusal in writing (prior written notice), then use the state complaint and due process clocks. The 60 days do not apply if a parent repeatedly fails or refuses to produce the child for the evaluation, so keep the appointments you are given, or tell the district in writing why you cannot. If your child moves to a school in another district before the first district has decided, the new district can take longer only if it is moving quickly and you and it agree a date for finishing: get that date in writing.

It lets you

find out whether your child is a child with a disability who needs special education. If the district decides your child does need special education, it must hold the meeting to write the individualized education program (IEP, the written plan for your child's services) within 30 days of that decision. You can ask to see your child's education records: the district must answer without unnecessary delay, before any IEP meeting or hearing, and in no case more than 45 days after your request. Saying yes to an evaluation is not saying yes to services: the district must ask for your consent separately before it starts special education services. If the district refuses your request, it must tell you in writing why, and describe what it used as the basis for the refusal.

Where this differs: Federal rule (IDEA, 34 CFR 300.301), run by your state and district. The regulation lets a state set its own timeframe instead of the 60 days; no state number is given here. This is for children in public schools. If the school says your child does not qualify for special education but you think the school is treating your child unfairly because of a disability, see the civil rights clock.

Checked 10 October 2026 at 34 CFR 300.301 (IDEA, initial evaluations), via Cornell Law School

How long

180 days. OCR says a complaint must ordinarily be filed within 180 days of the last act of discrimination.

Starts

the date of the act you complain about, such as the suspension or a refusal to give your child a disability accommodation. OCR counts from the last act of discrimination, but if there was a series, count from the first to be safe.

If missed

OCR can grant a waiver if you show good cause why you did not file within 180 days, so ask. If you use the school's own grievance process first, file with OCR within 60 days after it ends, and do not let it carry you past the 180 days: you can file with OCR while it is still running.

It lets you

file a complaint with the Office for Civil Rights (OCR) if you think a school that receives federal money discriminated against your child because of disability, race, color, national origin, sex or age. You do not have to use the school's own complaint process first. It is separate from an IDEA hearing.

For a child with a disability: a complaint to the Office for Civil Rights is about unfair treatment by the school because of the disability (under Section 504 or the Americans with Disabilities Act), and it is separate from a special education complaint.

Where this differs: Federal. It reaches schools that receive federal money; it does not cover a private school that gets none. Your state may have its own civil rights agency with its own date: ask a legal aid office or your state's disability rights agency.

Checked 10 October 2026 at US Department of Education, Office for Civil Rights (How to file a discrimination complaint)

How long

Your complaint can only cover things that happened not more than one year before your state receives it. That is the federal rule. Anyone may file, including a person or an organization, and the complaint must be in writing and signed.

Starts

the date of each thing you complain about, such as a missed evaluation, an IEP the school did not follow, or a refusal to hold a meeting. The year is counted back from the day your state education agency receives the complaint, so count from the earliest thing you want covered and send the complaint sooner rather than later.

If missed

A thing that happened more than a year ago cannot be part of the state complaint, but the same facts may still be inside the time for a due process complaint, which counts from when you knew or should have known about it: see that clock, and ask a Parent Center, your state's disability rights agency or a legal aid office the same week. Newer things that happened inside the year can still be filed.

It lets you

ask your state education agency to look into whether the school district broke special education law. The complaint must say that the district broke a requirement of the law, give the facts, carry your signature and contact details, and, for a complaint about your child, give your child's name, address and school, a description of the problem, and the fix you want if you know it. Send a copy of the complaint to the school district at the same time you send it to the state. A due process complaint and a civil rights complaint are separate routes with their own clocks.

Where this differs: Federal rule (34 CFR 300.153), run by each state, which has its own complaint form and address: ask your state's department of education or your Parent Center. No state number is given here. This is for complaints under the special education law (IDEA); a complaint about disability discrimination goes to the Office for Civil Rights: see the civil rights clock.

Checked 10 October 2026 at 34 CFR 300.153 (IDEA, filing a complaint), via Cornell Law School

How long

File within 2 years of the day you knew, or should have known, about the problem, or within your state's own time limit if your state has an explicit one. The federal rule says the complaint must be about something that happened not more than two years before that day, and it also lists exceptions to the time limit.

Starts

the day you knew, or should have known, about what you are complaining about. 'Should have known' means the clock can start before the day you personally noticed, so count from the earliest day you could have known.

If missed

If more than two years have passed, or more than your state's limit, do not assume the right is gone: the time limit does not apply if you were stopped from filing because the district told you it had fixed the problem when it had not, or kept back information it had to give you. Ask a legal aid office, your state's disability rights agency or a Parent Center the same week.

It lets you

ask for a due process hearing about your child's identification, evaluation or educational placement, or about whether your child is getting a free appropriate public education (FAPE). You file a due process complaint to start it. If you ask, or when a complaint is filed, the school district must tell you about any free or low-cost legal and other relevant services in your area.

Where this differs: Federal rule (34 CFR 300.507) with a state option: a state with its own explicit time limit uses it, and it may be shorter or longer. Your state decides, so check yours with your state's education department or a Parent Center before relying on 2 years. No state number is given here.

Checked 10 October 2026 at 34 CFR 300.507 (IDEA, filing a due process complaint), via Cornell Law School

How long

The council must tell you within 6 weeks of getting your request whether it will do an EHC needs assessment. EHC stands for education, health and care: the assessment can lead to a legal plan for your child. The council can run over that time only for the reasons the regulations list: a school it asked for advice has been closed for 4 weeks or more, exceptional personal circumstances affect your child, you or the young person, or you have been away from the area for 4 weeks or more.

Starts

the day the council receives your request. Count from the day you sent it and keep proof (a sent email, a posting receipt), because the council counts from the day it receives it. You can ask yourself: a young person aged 16 to 25 can ask, and so can a school, a doctor or anyone else who thinks an assessment may be needed.

If missed

If the council has not answered, it is the council that is late, not you: write and ask in writing when you will hear and why. A late answer is not one of the decisions GOV.UK lists for an appeal to the tribunal (a refusal to assess, a refusal to make a plan, the content of a plan, a decision that you no longer need one), so ask an adviser from the doors below how to press a council that is late. If the council says no, count the time to appeal from the date of its letter: see the tribunal clock.

It lets you

find out whether your child gets an assessment. If the council says no, it must tell you in the same letter that you can appeal, how long you have to appeal, how mediation works, and where to find disagreement resolution services and free information and advice. A school saying no is not the council's decision: you can still ask the council yourself. Your council's free information, advice and support service on special educational needs can help you ask: search your council's name and SENDIASS.

Where this differs: England only. Wales, Scotland and Northern Ireland have their own systems: see their clocks. The government has proposed changes to the SEND system in England, but they are not law yet: the dates here are the law today, and the dates in your council's letters come first.

Checked 10 October 2026 at The Special Educational Needs and Disability Regulations 2014, regulation 5 (legislation.gov.uk)

How long

You have at least 15 days, beginning with the day the draft was sent, to comment on the draft plan and to ask for a particular school or college to be named in it. The council's own limit for the final plan is 20 weeks from the day it received your request for the assessment. If the assessment ends with no plan, the council must tell you within 16 weeks of the request. The council can run over those times only for the reasons in the regulations (a school it asked for advice closed for 4 weeks or more, exceptional personal circumstances, or you being away from the area for 4 weeks or more).

Starts

the day the council serves (sends) you the draft plan. That day counts as day 1: the regulation says 'beginning with the day on which the draft plan was served'. Count from the date on the draft or its covering letter, and from the day it was emailed or posted if you can see it.

If missed

If the 15 days have passed, write anyway and ask the council in writing to take your comments into account; do not assume it is too late, and ask an adviser the same day. If the council is later than 20 weeks, that is the council's duty missed, not yours: write and ask when the final plan will come. When the final plan arrives, the time to appeal runs from the date of the council's decision letter: see the tribunal clock.

It lets you

write back about what the draft says about your child's needs and the help they will get, ask for a named school or college (including a specialist one), and require the council to arrange a meeting with one of its officers to discuss the draft. The council must also tell you where to find information about the schools and colleges your child could attend. Do not wait for the 15 days to end: send comments early and keep a copy.

Where this differs: England only. See the England assessment clock for the note on the government's proposed changes. If your child still has a statement of special educational needs from before September 2014, ask the council or an adviser which rules apply.

Checked 10 October 2026 at GOV.UK (Children with special educational needs and disabilities (SEND): extra help)

How long

The tribunal must receive your appeal within 2 months of the date of the council's decision letter, or within 1 month of the date on your mediation certificate if that is later. Aim to send it well before the last day and keep proof of when you sent it. In most cases you must contact a mediation adviser before you appeal: the decision letter says how.

Starts

the date the council sent its written decision. Count from the date on the letter, not the day it reached you; if you can see it was sent earlier (an earlier postmark or email), count from that. The decisions you can appeal include a refusal to assess, a refusal to make a plan after an assessment, the plan itself (the education parts, called sections B, F and I), a decision that your child no longer needs a plan, and the school named in the plan.

If missed

Do not assume the right is gone, but do not wait. Send the appeal the same day: a late appeal must ask for more time and say why it is late, and the tribunal can extend the time but does not have to. Ask an adviser the same day; the tribunal (0300 303 5857) can help with how to apply. If the council has not made any decision at all, there is nothing to appeal yet: write and ask for its decision in writing.

It lets you

appeal to the Special Educational Needs and Disability (SEND) Tribunal, which is independent of the council. Even if you do not want mediation, you still need to contact the mediation service to get a mediation certificate, or tell the tribunal why you have none. You do not have to consider mediation if the appeal is only about which school or college is named (section I). You can appeal online, except when the council has not carried out an assessment: then use form SEND35A by post or email. Free help is listed under Who to call.

Where this differs: England only. Wales has the Education Tribunal for Wales, Scotland the First-tier Tribunal for Scotland, Northern Ireland the Special Educational Needs and Disability Tribunal: see their clocks. Claims of disability discrimination by a school have their own 6-month time limit: see the discrimination claim clock. See the England assessment clock for the note on the government's proposed changes.

Checked 10 October 2026 at The Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008, rule 20 (legislation.gov.uk)

How long

The council must review the EHC plan and name the next school or college before 15 February in the year of the move, or before 31 March for a move from secondary school to a college or other post-16 place. It must change the plan where needed so that it names the school or college your child will go to. Do not wait for the council to start: write as early as you can in the 12 months before the move, ask for the review, and say which school or college you want named.

Starts

when your child is within 12 months of a move between phases of education: nursery or other early years education to school, infant to junior school, primary to middle or secondary school, middle to secondary school, or secondary school to college or another post-16 place. The dates are in the calendar year of the move, not the start of the new school year.

If missed

A missed date is the council's duty missed, not yours: write the same day, say the date has passed, and ask in writing when you will hear. The tribunal's time limit runs from a written decision, so keep every letter and note the date on each: see the tribunal clock. Ask an adviser from the doors below the same day.

It lets you

ask the council in writing to review the plan and name the school or college you want, and keep the reply. For a move from one post-16 place to another at any other time, the council must review and, where needed, change the plan at least 5 months before the move. The review is separate from your child's yearly review meeting. At a yearly review the council must tell you its decision (keep, change or end the plan) within 4 weeks of the meeting, and if it says it will keep or end the plan it must tell you how long you have to appeal.

Where this differs: England only. It applies to children and young people who already have an EHC plan. Wales, Scotland and Northern Ireland have their own rules for a change of school. See the England assessment clock for the note on the government's proposed changes.

Checked 10 October 2026 at The Special Educational Needs and Disability Regulations 2014, regulation 18 (legislation.gov.uk)

How long

6 months, counting the day of the act as the first day: the tribunal must receive the claim by 5pm on the day before the same date 6 months later. For a suspension on 23 September, that is 5pm on 22 March. If that day is a weekend or bank holiday, it is 5pm on the next working day, but aim for earlier.

Starts

the day of the act you complain about, such as a suspension, a reduced timetable, a refusal to make an adjustment, or the school not acting on bullying linked to a disability. For a permanent exclusion the tribunal counts from the final decision in the process, but count from the day your child was first excluded to be safe.

If missed

The tribunal can accept a late claim only in exceptional circumstances with strong reasons you set out in the claim form, so do not plan on it. Because a permanent exclusion is counted from the final decision, a claim made after a governing board or review panel decision may still be in time even when 6 months have passed since the first exclusion: ask the tribunal, or an adviser, the same day.

It lets you

make a claim to the First-tier Tribunal (Special Educational Needs and Disability) if you think your child was treated unfairly because of a disability. The tribunal looks at whether what the school did, such as an exclusion or suspension, was justified and whether adjustments were made; it cannot award money, but it can order a reasonable solution, such as training for staff, a written apology, or reinstatement after a permanent exclusion. Claims about permanent exclusion are treated as urgent. For other kinds of discrimination (for example race or sex) the claim goes to the county court, which also works to 6 months and can in some cases extend it. If your child is past school leaving age (the end of the school year in which they turn 16), they make the claim themselves and can name you as their helper. Trying mediation first does not stop the clock: the claim must still be received in time.

England only. If your child needs support or equipment that the school does not provide, and you think that is unfair because of a disability, a claim to the tribunal is a separate route from asking for an EHC assessment, with its own 6 months. Count from the day the school refused; if you cannot tell when, count from the earliest day.

Where this differs: England only: the tribunal cannot hear claims against schools in Wales, Scotland or Northern Ireland. In Wales the Education Tribunal for Wales hears disability discrimination claims about schools; for a permanent exclusion, the claim goes in the appeal to the independent appeal panel. In Scotland the First-tier Tribunal for Scotland (Health and Education Chamber) hears them. In Northern Ireland the Special Educational Needs and Disability Tribunal hears them; for an expulsion, the claim goes in the expulsion appeal. Each has its own route and dates: ask an adviser in your nation the same day.

Checked 10 October 2026 at HM Courts & Tribunals Service (A guide for how to claim for disability discrimination: SEND4)

How long

The Education Tribunal for Wales must receive your appeal within 8 weeks of the council's decision letter. The regulations allow until the first working day after the 8 weeks end, but send it well before. Before that, the school has 35 school days from being told a child may have additional learning needs (ALN) to decide and prepare an individual development plan (IDP), a college 35 term-time days, and the council 12 weeks, unless that is impractical for reasons beyond their control.

Starts

the date of the council's (or college's) final decision letter, which must also tell you about your right to appeal. The regulations count 8 weeks 'beginning with' that date, so count that day as day 1. If a school made the decision, you cannot go to the tribunal on the school's decision alone: first ask the council in writing to reconsider it, and the 8 weeks run from the council's decision letter.

If missed

If you use the council's dispute resolution service (DRS) to try to settle the disagreement, the tribunal extends the time by 8 weeks, but only if the dispute was referred to dispute resolution before the first 8 weeks ended, and you must tell the tribunal you used it. Using DRS is not compulsory and does not stop you appealing. Email your appeal to educationtribunal@gov.wales: the tribunal says it has limited access to post and is slow to register new cases, so send early and keep the sent email. If the time has passed, send the appeal the same day and say why it is late: the tribunal's President can accept a late appeal if that is fair and just, but does not have to. Call the tribunal (0300 025 9800) or an adviser if you need help.

It lets you

appeal to the tribunal about a council or college decision on whether your child has ALN, whether a young person needs an IDP, a refusal to change or keep an IDP, a decision to stop an IDP, a refusal to look at something again because the council says nothing has changed, and some sections of the IDP (the description of the ALN, the help to be given, whether it is in Welsh, start and review dates, NHS help, and the named school). To ask the council to reconsider a school's decision, write to the council with all the information you have on your child and any decision letters: the council must tell you its decision, with reasons, within 7 weeks of getting your request. The council must give you free, impartial information, advice and access to an independent advocate.

Where this differs: Wales only, for children and young people under the ALN system (the Additional Learning Needs and Education Tribunal (Wales) Act 2018). A child with a statement of special educational needs from the old system may still be under the old rules: ask the council. Claims of disability discrimination in a school go to the same tribunal with their own time limit. England, Scotland and Northern Ireland have their own tribunals: see their clocks.

Checked 10 October 2026 at Welsh Government (A guide about the rights of children, their parents and young people under the additional learning needs (ALN) system)

How long

The tribunal must receive your reference within 2 months of the council's decision or failure. A reference is the tribunal's word for an appeal; it is made on a form, by email or by post, and you keep a copy of everything you send.

Starts

the date the council told you its decision and that you can refer it to the tribunal: count from the date on that letter. If the council never told you that you could refer, count from the day it told you the decision. For a failure, such as the council not preparing a co-ordinated support plan by the time it had to, count from the day it first failed. For a placing request the council is treated as having refused, count from the day it was treated as refusing.

If missed

The Chamber's own page says to be careful about time. If the 2 months have passed, ask the tribunal (0141 302 5860) and Enquire the same day; do not assume the right is gone.

It lets you

refer certain council decisions and failures to the First-tier Tribunal for Scotland (Health and Education Chamber): a decision that your child needs, or does not need, a co-ordinated support plan (CSP, a legal plan for a child whose support involves more than the school), what the CSP says, a failure to provide or review the support in a CSP, a refusal of a placing request (a request for a particular school) in the cases the law lists, a decision about a child's capacity or wellbeing, and school transition matters. You can also rely on your child's rights under the UN Convention on the Rights of the Child in a reference: there is a box for it on the form. The tribunal does not hear a general complaint that a child without a CSP is not getting enough help. For that, you can ask the council for free independent mediation, or apply to the Scottish Government for free independent adjudication: an independent person reads the papers and makes recommendations about whether your child has additional support needs, a refusal to assess, or a failure to provide the support your child needs. Using either does not stop you going to the tribunal later. Enquire can explain both. Enquire gives advice on additional support for learning, and Let's Talk ASN is a free service, funded by the Scottish Government, that gives advocacy and legal representation to people who can refer.

Where this differs: Scotland only. Children aged 12 to 15 who have capacity (and whose wellbeing would not be harmed) can make some references themselves; a parent can also refer for them. Disability discrimination claims about a school go to the same tribunal as a 'claim', not a reference, with their own time limit: ask Enquire or the Equality Advisory and Support Service. England, Wales and Northern Ireland have their own tribunals: see their clocks.

Checked 10 October 2026 at The First-tier Tribunal for Scotland Health and Education Chamber (Procedure) Regulations 2017, schedule, rule 14 (legislation.gov.uk)

How long

The tribunal must receive your appeal within 2 months of the EA's decision letter. Earlier steps have shorter times: the EA normally tells you within 6 weeks of a request whether it will assess, and usually within 12 weeks of beginning the assessment whether it will write a statement of special educational needs. You get 15 days to comment on the draft statement, with a further 15 days to ask for more meetings, and the EA must make the final statement within 8 weeks of the draft.

Starts

the date on the Education Authority's (EA) letter telling you its decision and your right to appeal. The tribunal's page counts 2 months from receiving the decision; the regulations count 2 months beginning with the date the EA gave you notice of your right to appeal, and the tribunal must receive the appeal by the first working day after that. Count from the date on the letter.

If missed

Do not count on more time: nidirect says a late appeal could be refused, and the tribunal can extend the time only in exceptional circumstances. If you are late, send the appeal the same day, say why it is late and ask for more time. Contact the tribunal the same day on 028 9072 4847 (or 028 9072 4886) or at SENDIST@courtsni.gov.uk, and ask an adviser.

It lets you

appeal to the Special Educational Needs and Disability Tribunal (SENDIST) if: you or the school asked the EA to assess formally and it decided not to; it assessed but decided not to make a statement; it made or changed a statement and you disagree with the educational parts (parts 2, 3 and 4); it decided your child should no longer have a statement or not to change it after a reassessment; and in some cases if it refuses to reassess or to name a different school. The tribunal cannot hear: how an assessment is carried out or how long it takes, how the EA arranges the help in a statement or how much funding there is, how the school is meeting your child's needs, a decision not to change a statement after a yearly review, or parts 5 and 6 of a statement (such as school transport). You can keep talking to the EA after you appeal, and the EA's free Dispute Avoidance and Resolution Service (DARS) can help with a disagreement.

Where this differs: Northern Ireland only. New special educational needs rules for Northern Ireland have been proposed but were not in force when this was checked. If they start, the time to appeal may change and you may need to contact a mediation adviser before you appeal: the EA's letter must tell you about your right of appeal, so follow the date and steps in your letter, and ask the tribunal if you are unsure. Northern Ireland uses statements, not EHC plans. A claim of disability discrimination about a school goes to the same tribunal with its own time limit. England, Wales and Scotland have their own tribunals: see their clocks.

Checked 10 October 2026 at Department of Justice Northern Ireland (Special Educational Needs and Disability Tribunal)