Rulebook · Decision or problem

After an assessment, the council decided not to issue an EHC plan

After assessing, the council has decided an EHC plan is not necessary. This decision can be appealed to the SEND Tribunal. A mediation certificate is needed first. In the same appeal, the Tribunal can be asked for recommendations about health and social care. The appeal must reach the Tribunal by 5pm on the last day. That is 2 months after the letter was sent, or 1 month after the certificate if later.

The test for a plan is in section 37(1): whether it is necessary for special educational provision to be made through an EHC plan. The council must tell the parent or young person the outcome of the assessment and its reasons, within 16 weeks of receiving the request. The letter must also cover the right to appeal, the time limit, mediation, disagreement resolution, information and advice, and the Tribunal's power to make recommendations. If the Tribunal orders the council to make and maintain a plan, the Regulations give the council 5 weeks from the order to issue a draft and 11 weeks to issue the final plan.

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

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)
• Talk to the council: a meeting, or asking for reasons in writing
• Disagreement resolution service
• A new request for an assessment or re-assessment
• 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.refused_plan

Rules version

england-2026.10

Law as at

30 September 2026

Sources

• Children and Families Act 2014, s 51(2)(b)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 37(1)Law (Act or Regulations)
• Children and Families Act 2014, s 36(9)Law (Act or Regulations)
• SEND Regulations 2014, reg 10(1)Law (Act or Regulations)
• SEND Regulations 2014, reg 10(3)Law (Act or Regulations)
• SEND Regulations 2014, reg 44(2)(c)Law (Act or Regulations)

Related

• Last day to contact a mediation adviser (needed before most appeals)
• Last day to appeal to the SEND Tribunal
• The legal test for issuing an EHC plan (section 37(1))
• Decisions that can be appealed to the SEND Tribunal

See the ways to challenge

The whole rulebook