Rulebook · Decision or problem

The council has not made a decision yet, or is past a time limit

Nothing can be appealed until the council makes a decision. When a time limit passes, nothing happens automatically: a request is not treated as agreed or refused, and any plan stays as it is. The council still has to act. You can chase the council in writing, make a formal complaint, then go to the Ombudsman, or get legal advice about judicial review.

The High Court has said the time limits for assessments and plans are hard-edged legal duties, not duties to use best endeavours. The council need not meet a time limit only where meeting it is impractical for one of the reasons listed in the Regulations. Examples are exceptional personal circumstances, or the family being away from the area for 4 weeks or more. A shortage of staff is not one of the reasons. The council must still act as soon as practicable. Time limits for the parent or young person, such as the time to appeal an earlier decision, keep running.

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)). See the routes.

Ways to take this further

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

• Talk to the council: a meeting, or asking for reasons in writing
• Formal complaint to the council
• Local Government and Social Care Ombudsman
• Judicial review (after a pre-action letter)
• Complaint to the Secretary of State for Education

Type of rule

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

Rule id

issue.no_decision_yet

Rules version

england-2026.10

Law as at

30 September 2026

Sources

• SEND Regulations 2014, reg 5(1)Law (Act or Regulations)
• SEND Regulations 2014, reg 10(1)Law (Act or Regulations)
• SEND Regulations 2014, reg 13(2)Law (Act or Regulations)
• R (W) v Hertfordshire County Council [2023] EWHC 3138 (Admin)Case law, to verifyStill to confirm the citation, the holding, that the decision has not been overturned on appeal, and that it is treated as binding on the First-tier Tribunal.
• Local Government Act 1974, s 26(5)Law (Act or Regulations)
• Children and Families Act 2014, s 51(2)Law (Act or Regulations)
• R (JSC) v Cambridgeshire County Council [2026] EWHC 68 (Admin)Case law, to verifyStill to confirm the citation, the holding, that the decision has not been overturned on appeal, and that it is treated as binding on the First-tier Tribunal.
• SEND Regulations 2014, reg 5(4)Law (Act or Regulations)
• SEND Regulations 2014, reg 10(4)Law (Act or Regulations)
• SEND Regulations 2014, reg 13(3)Law (Act or Regulations)
• Tribunal Procedure (First-tier Tribunal) (HESC Chamber) Rules 2008, r 20(1)(c)Law (Act or Regulations)

Related

• Council decides whether to assess
• Council decides whether to issue a plan (shown by a draft plan, or a decision not to issue)
• Council sends the final EHC plan
• Council sends the final amended plan (or decides not to amend)
• Council decides on a request to re-assess
• Council sends the plan after re-assessment
• Council's decision after the review
• New council tells you about the transferred plan
• Time limits for assessments and plans (6, 16 and 20 weeks)
• Local Government and Social Care Ombudsman (LGSCO)

See the ways to challenge

The whole rulebook