Rulebook · Decision or problem

We disagree with the health or social care parts of the plan (sections C, D, G, H1 or H2)

Health and social care sections cannot be appealed on their own. In most appeals, the Tribunal can also be asked for recommendations about them. The exception is an appeal against a refusal to assess. Recommendations are not binding. The body must reply in writing within 5 weeks, unless the Tribunal sets another time, giving reasons for not following any part of them. Mediation and the NHS and social care complaint routes are also open, then the ombudsmen.

The health body, usually the integrated care board, must arrange the health care provision in section G. Social care provision in section H1 is provision made under section 2 of the Chronically Sick and Disabled Persons Act 1970. Recommendations cannot be made in an appeal against a refusal to assess. Recommendations are not binding. The health body (for health) or the council (for social care) must reply in writing within 5 weeks starting with the date of the recommendation, unless the Tribunal sets a different time limit. The reply must say what steps, if any, it will take, with reasons for not following the recommendation or any part of it. Health or social care help that educates or trains is treated as special educational provision and belongs in section F, which can be appealed.

Appeal right: this is not one of the matters that can be appealed to the SEND Tribunal (Children and Families Act 2014, s 51(2)). But in an appeal about another decision, the tribunal can be asked for recommendations.

Ways to take this further

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

• Asking the Tribunal for health and social care recommendations (extended appeal)
• Mediation about health care in the plan
• Mediation with the council
• Talk to the council: a meeting, or asking for reasons in writing
• Disagreement resolution service
• Complaint to the NHS
• Parliamentary and Health Service Ombudsman
• Complaint about social care
• Local Government and Social Care Ombudsman
• Judicial review (after a pre-action letter)

Type of rule

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

Rule id

issue.health_or_social_care_parts

Rules version

england-2026.10

Law as at

30 September 2026

Sources

• Children and Families Act 2014, s 51(2)Law (Act or Regulations)
• SEND (First-tier Tribunal Recommendations Power) Regulations 2017Law (Act or Regulations)
• SEND (First-tier Tribunal Recommendations Power) Regulations 2017, reg 6(3) to (5)Law (Act or Regulations)
• SEND (First-tier Tribunal Recommendations Power) Regulations 2017, reg 7(1) to (3)Law (Act or Regulations)
• Children and Families Act 2014, s 42(3)Law (Act or Regulations)
• Children and Families Act 2014, s 53Law (Act or Regulations)
• Chronically Sick and Disabled Persons Act 1970, s 2Law (Act or Regulations)
• SEND Regulations 2014, reg 12(1)Law (Act or Regulations)
• Children and Families Act 2014, s 21(5)Law (Act or Regulations)
• SEND Code of Practice 2015, para 9.73Code of Practice: must (restates the law)
• SEND Code of Practice 2015, para 9.76Official guidance

Related

• Written response to a Tribunal health or social care recommendation
• Section C (health care needs)
• Section D (social care needs)
• Section G (health care provision)
• Section H1 (social care under the 1970 Act)

See the ways to challenge

The whole rulebook