It’s now September, and as we reflect back on the summer holiday period, many SENCOs are once again left questioning why the system continues to allow statutory deadlines to fall during times when schools are officially closed. The ‘back to school’ dreams had already begun before term started, because for many of us the work never stopped. If we are serious about tackling burnout and retaining experienced SENCOs, change is needed — and urgently. A petition calling for consultation deadlines to exclude school holidays, as well as calling for fair pay and protected time has already been launched and deserves everyone’s support.

👉 Sign the petition here to call for urgent change

What the Law Says

Under the Children and Families Act 2014 and the SEND Regulations 2014, when an LA issues a draft EHCP or a consultation to a school, the school must normally respond within 15 calendar days (SEND Regs, Regulation 12(2): legislation.gov.uk).

However, there is an important caveat. Regulation 44(2) of the SEND Regulations allows this deadline to be extended where the school or college is closed for more than four weeks — in other words, the summer break. The law states that the time period is treated as if it begins on the day the school reopens (SEND Regs 2014, Regulation 44(2)).

Despite this, many SENCOs report being chased for responses during the holidays, receiving direction letters when deadlines are ‘missed’, or being placed under pressure by parents or LA officers who either do not understand or choose not to apply this part of the law. The inconsistency across LAs leaves schools vulnerable and staff exhausted.

What SENCOs Are Saying

From the Sweary SENCo network this summer:

• ‘Thus far we’ve had three EHCPs naming us as setting when the students need specialist … 6 or 7 drafts with a 15 day turnaround … Lack of empathy and understanding of the need for us SENDCos to relax and step away from the role has been shocking.’
• ‘Apparently 45 consults have landed since we broke up!’
• ‘Consult on the last day of term!’
• ‘LA consultation in the holidays … I was away on a two-week holiday with my family at the time … Ok for the LA to go on holiday and for no one to follow up while they’re gone. But we aren’t allowed two weeks quality time with our family.’
• ‘Parent unhappy because I said I can’t attend mediation due to being away on holiday. Apparently I can get internet when abroad so there’s no excuse!’

The themes are consistent: a flood of consultations, unrealistic deadlines, and little recognition that teachers are not contracted to work during the summer.

The Importance of Clear Out-of-Office Replies

One practical step SENCOs can take is to set a robust out-of-office reply before the holidays begin. This should:

• Make clear the date when staff will return.
• Reference Regulation 44(2) of the SEND Regulations, confirming that consultation deadlines fall from the reopening of school.
• Provide a single generic school contact (such as the admin office) for urgent safeguarding matters only.

This not only sets professional boundaries but also provides written evidence that the school has communicated its position to the LA, should any dispute about missed deadlines arise later.

Different Pay Scales, Different Expectations

It’s important to distinguish between roles:

• Classroom teachers and most SENCos (MPS/UPS/TLR): Their contracts clearly end with directed time. They are not paid to check emails or attend meetings in the summer. Any expectation to do so is unreasonable.
• Leaders on the L pay scale: Senior leaders and some SENCOs on leadership contracts technically have ‘all year round’ responsibilities. However, this should not translate into blanket availability. Leaders also need protected holiday time, and ongoing consultation work in August falls outside of what can be considered sustainable.

In short: pay scale differences do not justify the current system where consultations roll on during closure weeks, especially when decisions made without up-to-date school input often cause more harm than good.

What Needs to Change

To protect SENCOs and ensure fair process:

• Legislation should be clarified so that all LAs apply the four-week holiday exemption consistently.
• Legislation should be changed so that schools are not expected to reply when they are shut.
• National guidance should explicitly state that SENCos are not expected to conduct recruitment, consultations, or meetings during statutory holidays.
• Clear LA protocols are needed: if an LA officer is away, deadlines should stop until their return — schools deserve the same courtesy.

Final Thought

As one SENCO put it bluntly: ‘It’s never ending and then they wonder why SENDCOs burnout.’

We can’t continue to talk about wellbeing while maintaining a system that demands statutory compliance from professionals who aren’t even contracted to be at work. Protecting school holidays is not just a courtesy — it’s a necessity if we want experienced SENCOs to remain in post.

Please support the petition calling for change:

👉 Sign the petition here

Thank you for your support.

Lynn