Rulebook · Decision or problem
The council refused a request to re-assess
For a child or young person with a plan, the parent, the young person or the school or college can ask for a re-assessment. The council must give its decision within 15 days of receiving the request. A refusal can be appealed to the SEND Tribunal after getting a mediation certificate.
The council must re-assess when asked by the parent, the young person or the school or college. It may refuse if it carried out an assessment or re-assessment in the 6 months before the request, or if it decides a re-assessment is not necessary. The council must tell the parent or young person its decision within 15 days of receiving the request. For a young person aged over 18, when deciding whether to re-assess, the council must have regard to whether the education or training outcomes in the plan have been achieved. If the council re-assesses and then amends or replaces the plan, the final plan is due within 14 weeks of the council saying it will re-assess. In an appeal against a refusal to re-assess, the Tribunal can also be asked for recommendations about health and social care. The council's letter refusing to re-assess must mention this power.
Appeal right: yes, an appeal to the SEND Tribunal (Children and Families Act 2014, s 51(2)(d)).
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_reassessment- Rules version
- england-2026.10
- Law as at
- 30 September 2026
Sources
- Children and Families Act 2014, s 51(2)(d)Law (Act or Regulations)
- Children and Families Act 2014, s 44(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)
- SEND (First-tier Tribunal Recommendations Power) Regulations 2017, reg 4(2)Law (Act or Regulations)
- SEND (First-tier Tribunal Recommendations Power) Regulations 2017, reg 5(2)Law (Act or Regulations)
- SEND Regulations 2014, reg 24Law (Act or Regulations)
- SEND Regulations 2014, reg 25(1)Law (Act or Regulations)
- Children and Families Act 2014, s 44(5)Law (Act or Regulations)
- SEND Regulations 2014, reg 27Law (Act or Regulations)
- SEND Regulations 2014, reg 25(2)(e)Law (Act or Regulations)
Related
- Council decides on a request to re-assess
- Last day to contact a mediation adviser (needed before most appeals)
- Last day to appeal to the SEND Tribunal
- Re-assessment
- Decisions that can be appealed to the SEND Tribunal
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