Explain
Unopposed appeal (the council stops opposing)
Sometimes the council tells the tribunal, before it sends its response and before the time for its response runs out, that it will not oppose the appeal. The appeal is then treated as decided in favour of the parent or young person, and the tribunal does not need to make an order. The Regulations set time limits for the council to act, counted from the date it told the tribunal. If the council stops opposing only after sending its response, these time limits do not apply. The time limits for an order then apply only if the tribunal makes one.
If the council stops opposing an assessment appeal in time, it must confirm within 2 weeks that it will assess or re-assess. If it then decides not to make a plan, it must say so within 10 weeks; if it decides to make one, the final plan is due within 14 weeks. A plan amended in Section B or F is due within 5 weeks, and one naming a school or college within 2 weeks (5 weeks if B or F also change). For a plan it had refused to make, the draft is due within 5 weeks and the final plan within 11 weeks. On an appeal against ending a plan, it must keep the plan, amending it within 5 weeks if it agreed to. Once its response time has run out, it needs the tribunal's consent to stop opposing; whether these time limits then apply is not settled.
- Type of rule
- Law (Act or Regulations)
- Rule id
unopposed_appeal- Rules version
- england-2026.10
- Law as at
- 30 September 2026
Sources
- SEND Regulations 2014, reg 45Law (Act or Regulations)
- SEND Regulations 2014, reg 45(1)Law (Act or Regulations)
- SEND Regulations 2014, reg 45(2)Law (Act or Regulations)
- SEND Regulations 2014, reg 44(2)Law (Act or Regulations)
- Tribunal Procedure (First-tier Tribunal) (HESC Chamber) Rules 2008, r 17(2)(c), (6) and (7)Law (Act or Regulations)
Related
In an assistant, the ehcp_calculate_deadlines tool helps with this: EHCP deadlines.
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