Explain

Health and social care recommendations (extended appeals)

In most SEND Tribunal appeals, the tribunal can also make recommendations about health and social care needs and provision (Sections C, D, G, H1 and H2). This is often called an extended appeal. It cannot be used for an appeal against a refusal to assess, or for health or social care on their own. Recommendations are not binding. But the health body or the council must reply in writing within 5 weeks beginning with the date of the recommendation. The reply must say what steps, if any, the body has decided to take.

The reply must give reasons for any recommendation, or part of one, that the body will not follow. The tribunal can set a different time limit for the reply. The health body sends its reply to the council as well as to the parent or young person. If the reply is not accepted, complaints about health bodies can go to the Parliamentary and Health Service Ombudsman, and about social care to the Local Government and Social Care Ombudsman.

Type of rule

Law (Act or Regulations)

Rule id

extended_appeal

Rules version

england-2026.10

Law as at

30 September 2026

Sources

• SEND (First-tier Tribunal Recommendations Power) Regulations 2017Law (Act or Regulations)
• SEND (First-tier Tribunal Recommendations Power) Regulations 2017, reg 6(3)Law (Act or Regulations)
• SEND (First-tier Tribunal Recommendations Power) Regulations 2017, reg 6(4)Law (Act or Regulations)
• SEND (First-tier Tribunal Recommendations Power) Regulations 2017, reg 6(5)Law (Act or Regulations)
• SEND (First-tier Tribunal Recommendations Power) Regulations 2017, reg 7(1)Law (Act or Regulations)
• SEND (First-tier Tribunal Recommendations Power) Regulations 2017, reg 7(2)Law (Act or Regulations)
• SEND (First-tier Tribunal Recommendations Power) Regulations 2017, reg 7(3)Law (Act or Regulations)
• Children and Families Act 2014, s 51(4)(c)Law (Act or Regulations)
• Children and Families Act 2014, s 51(5)Law (Act or Regulations)

Related

• SEND Tribunal (First-tier Tribunal)
• Section C (health care needs)
• Section D (social care needs)
• Section G (health care provision)
• Section H1 (social care under the 1970 Act)
• Section H2 (other social care)
• Parliamentary and Health Service Ombudsman (PHSO)
• Local Government and Social Care Ombudsman (LGSCO)

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

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