Explain

Decisions that can be appealed to the SEND Tribunal

A parent or young person has the right to appeal to the SEND Tribunal against these decisions. A refusal to carry out an EHC needs assessment. A decision not to make a plan. Sections B, F and I of a plan, or no school being named, when a plan is issued or amended. A decision not to amend a plan after a review or re-assessment. A refusal to re-assess. A decision to cease a plan. Most appeals need a mediation certificate first. Other matters, such as delay or provision not being delivered, cannot be appealed and have other routes.

The certificate comes from the mediation adviser named in the decision letter. The adviser must be contacted within 2 months of the letter being sent. After that, the Regulations say the adviser may not issue a certificate, but the Tribunal can be asked for permission to appeal without one. If the letter is dated before it was sent, the last day to contact the adviser may be earlier, counted from the date on the letter.

Type of rule

Law (Act or Regulations)

Rule id

appealable_decisions

Rules version

england-2026.10

Law as at

30 September 2026

Sources

• Children and Families Act 2014, s 51(1)Law (Act or Regulations)
• Children and Families Act 2014, s 51(2)(a)Law (Act or Regulations)
• Children and Families Act 2014, s 51(2)(b)Law (Act or Regulations)
• Children and Families Act 2014, s 51(2)(c)Law (Act or Regulations)
• Children and Families Act 2014, s 51(2)(d)Law (Act or Regulations)
• Children and Families Act 2014, s 51(2)(e)Law (Act or Regulations)
• Children and Families Act 2014, s 51(2)(f)Law (Act or Regulations)
• Children and Families Act 2014, s 51(3)Law (Act or Regulations)
• Children and Families Act 2014, s 55(3)Law (Act or Regulations)
• SEND Regulations 2014, reg 33Law (Act or Regulations)
• SEND Regulations 2014, reg 34(2)Law (Act or Regulations), to verifyStill open: whether "the date of the notice" in reg 34(2) can be earlier than the day written notice of the decision was sent (reg 33), for example a letter dated before it was posted. Plenda counts from the day it was sent and says the last day may be earlier, counted from the date on the letter.
• SEND Regulations 2014, reg 34(3)Law (Act or Regulations)

Related

• SEND Tribunal (First-tier Tribunal)
• The time limit to appeal
• Mediation adviser and mediation certificate
• Decision letters and appeal rights information

In an assistant, the ehcp_challenge_options tool helps with this: Ways to challenge a decision.

All words explained · The rulebook