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Rulebook · Decision or problem

The council refused a personal budget or direct payments

A personal budget is an amount of money the council identifies to pay for some of the help in the plan. If asked, the council must prepare one. In limited cases it can refuse to include some help, or refuse direct payments. These refusals cannot be appealed to the Tribunal. A refusal of direct payments for special educational provision must be explained and looked at again on request. Complaint, the Ombudsman and judicial review are open.

A council that maintains a plan, or is preparing one, must prepare a personal budget if the parent or young person asks. The provision itself, in section F, can still be appealed when the plan is issued or amended. Only the budget or payment decision cannot. The Code of Practice says the plan must include the details of any personal budget, and that they should be set out in Section J. The Regulations require Section J to show the needs and outcomes that any direct payment for special educational provision will meet.

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.

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Type of rule
Law (Act or Regulations)This is the law, set by an Act of Parliament or by Regulations.
Rule id
issue.personal_budget_refused
Rules version
england-2026.10
Law as at
30 September 2026

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