Rulebook · Decision or problem

We disagree with the needs (section B), provision (section F) or school or placement (section I) in a final or amended plan, or no school is named

Sections B (needs), F (provision) and I (school or placement) can be appealed when a plan is first finalised, or later amended or replaced. This includes a plan naming no school. An appeal that includes B or F needs a mediation certificate. One only about section I does not. A draft plan cannot be appealed. The time limit is 2 months after the plan was sent or, where a certificate is needed, 1 month after it if later.

An appeal can be made when the plan is first finalised, and after it is amended or replaced. There is no appeal against a draft plan. If the appeal is only about section I (the school or college, the type named, or that none is named), no mediation certificate is needed. If it also covers B or F, a certificate is needed. Health and social care sections cannot be appealed on their own, but the Tribunal can be asked for recommendations about them in the same appeal. Health or social care provision that educates or trains the child or young person is treated as special educational provision, so it belongs in section F, which can be appealed. Whether a therapy does this depends on the facts. The Code says speech and language therapy should normally be recorded as special educational provision. While an appeal goes on, the plan as issued stays in force and the council must secure the provision in section F.

Appeal right: yes, an appeal to the SEND Tribunal (Children and Families Act 2014, s 51(2)(c)).

Ways to take this further

Listed in the order the rules give them. The order is not a ranking.

• Contact the mediation adviser (needed before most appeals)
• Mediation with the council
• Appeal to the SEND Tribunal
• Asking the Tribunal for health and social care recommendations (extended appeal)
• Mediation about health care in the plan
• Talk to the council: a meeting, or asking for reasons in writing
• Disagreement resolution service
• Formal complaint to the council

Type of rule

Law (Act or Regulations)This is the law, set by an Act of Parliament or by Regulations.

Rule id

issue.disagree_plan_content

Rules version

england-2026.10

Law as at

30 September 2026

Sources

• Children and Families Act 2014, s 51(2)(c)Law (Act or Regulations)
• Children and Families Act 2014, s 51(3)Law (Act or Regulations)
• Children and Families Act 2014, s 55(2)Law (Act or Regulations)
• Children and Families Act 2014, s 55(3)Law (Act or Regulations)
• Tribunal Procedure (First-tier Tribunal) (HESC Chamber) Rules 2008, r 20(1)(c)Law (Act or Regulations)
• Children and Families Act 2014, s 38Law (Act or Regulations)
• SEND (First-tier Tribunal Recommendations Power) Regulations 2017Law (Act or Regulations)
• Children and Families Act 2014, s 21(5)Law (Act or Regulations)
• SEND Code of Practice 2015, para 9.74Code of Practice: should (follow unless there is a good reason not to)
• SEND Code of Practice 2015, para 9.73Code of Practice: must (restates the law)
• SEND Code of Practice 2015, para 9.76Official guidance
• Children and Families Act 2014, s 42(2)Law (Act or Regulations)

Related

• Last day to contact a mediation adviser (needed before most appeals)
• Last day to appeal to the SEND Tribunal
• Section B (special educational needs)
• Section F (special educational provision)
• Section I (school, college or other placement)
• Final EHC plan
• Amending a plan

See the ways to challenge

The whole rulebook