EHCPs in Derby: Refusal Rate and Waiting Times (2026 Data)
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In 2025, Derby refused 44.8% of the EHC needs assessment requests it decided, above the England figure of 29.0%, and issued 47.2% of plans inside the legal 20 weeks, better than the England figure of 45.5%. A plan took 29.9 weeks on average. There were 720 children in elective home education in Derby in the autumn term of 2025/26.
These are Derby’s own figures, as reported to the Department for Education and published in 2026. They cover calendar year 2025. We have set them next to the England averages so you can see where you actually stand, rather than guessing from what other parents say in a Facebook group.
Derby at a glance
| Requests for an assessment | 708 | received during 2025 |
|---|---|---|
| Agreed to assess | 359 | |
| Refused to assess | 291 | |
| Refusal rate | 44.8% | England 29.0% |
| Assessments carried out | 747 | |
| Assessed but no plan issued | 17.3% | England 6.0% |
| Plans issued within 20 weeks | 47.2% | England 45.5% |
| Average time to issue a plan | 29.9 weeks | England 25.6 weeks |
| Plans taking over a year | 10.6% | England 10.1% |
| Children home educated | 720 | 1.7% of pupils |
Getting an assessment agreed in Derby
Derby refused 44.8% of the requests it reached a decision on in 2025, 291 refusals out of 650 decided requests. That ranks it 14th out of 138 councils with reliable figures, counting from the highest refusal rate down.
That puts Derby among the twenty hardest councils in England to get an assessment out of. It does not mean your request will be refused, and it does not mean a refusal would be correct. It means you should expect to have to argue the statutory test properly, and be ready to appeal.
Worth holding next to that: across England, of the assessments that were actually carried out, 93.6% resulted in a plan. The assessment stage overwhelmingly confirms that the child qualifies. The decision that most often stops a family is the earlier one, about whether to assess at all.
How long a plan takes in Derby
Derby issued 47.2% of its plans inside the legal 20 weeks, better than the England figure of 45.5%. That ranks it 69th of 150 councils, fastest first.
The average plan took 29.9 weeks, which is 9.9 weeks past the deadline the law sets. 10.6% took more than a full year.
The 20 week limit is not a target or an aspiration. It is set out in regulation 13 of the Special Educational Needs and Disability Regulations 2014. If your council misses it without one of the permitted exceptions applying, that is a breach, and you can complain and ultimately go to the Local Government Ombudsman.
Home education in Derby
There were 720 children in elective home education in Derby in the autumn term of 2025/26, which is 1.7% of the pupil population.
That is up 12.5% on the autumn before, and up 75.6% over three years. Nationally the number rose 12.8% year on year to 126,000.
Across England this is mostly a secondary school phenomenon. Year 11 is the biggest single group, then Year 10 and Year 9. Mental health is the largest recorded reason at 16%, ahead of philosophical or preferential reasons at 12%. If you are considering it because school is not working for a child with SEND, read deregistering with an EHCP first, because the rules are different if the placement is a special school arranged by the council.
If Derby has said no
A refusal is a decision you can challenge, and given that 93.6% of completed assessments nationally end in a plan, it is worth challenging. The deadline is two months from the decision letter, or one month from your mediation certificate if that date is later.
- Free EHC needs assessment request letter generator. It argues the legal test in section 36(8) of the Children and Families Act 2014, which is a lower bar than councils tend to apply in refusal letters.
- The EHC Assessment Refusal Appeal Pack, if you have already been refused.
- Compare Derby with every other council in England.
- Everything we have on SEND and EHCPs.
Speak to your local SENDIASS first. It is free, impartial and statutory, and it does not sell you anything. IPSEA’s guidance is the best free legal explanation available.
Common questions about Derby
How many EHCP requests does Derby refuse?
In 2025 Derby refused 291 of the 650 requests it decided, a refusal rate of 44.8%. Across England the figure was 29.0%.
How long does an EHCP take in Derby?
In 2025, 47.2% of plans in Derby were issued within the legal 20 weeks, and the average was 29.9 weeks. The legal limit is 20 weeks from the request to the final plan.
What do I do if Derby refuses to assess my child?
You have two months from the decision letter to appeal to the SEND Tribunal, or one month from your mediation certificate if that falls later. You must contact a mediation adviser first, but you do not have to go through with mediation to get the certificate that lets you appeal. Your local SENDIASS is free and can help you with the paperwork.
How many children are home educated in Derby?
There were 720 children in elective home education in Derby in the autumn term of 2025/26, which is 1.7% of pupils.
Sources
- Department for Education, Education, health and care plans, England 2026, calendar year 2025.
- Department for Education, Elective home education, autumn term 2025/26.
- Children and Families Act 2014, section 36.
- The Special Educational Needs and Disability Regulations 2014, regulation 13.