Rulebook · Decision or problem

After a review or re-assessment, the council decided not to change the plan

After a review or re-assessment, the council has decided to keep the plan as it is. This decision can be appealed to the SEND Tribunal. A mediation certificate is needed first. It is not settled whether one is needed when the only change asked for was to section I: the school or college named, the type, or that none is named. If the council does change the plan, the changed plan can be appealed instead (sections B, F and I).

This covers a decision after a review to keep the plan as it is, a decision not to make amendments the council had proposed, and a decision not to amend or replace the plan after a re-assessment. After a review, the letter giving a decision to keep the plan as it is, or a decision not to make amendments the council had proposed, must give information about the right to appeal, the time limit, mediation, disagreement resolution, and information and advice. In each case it must also mention the Tribunal's power to make recommendations. The Regulations do not list what a letter must say about a decision not to amend or replace the plan after a re-assessment. An appeal only about section I (the school or college named, the type, or that none is named) can be made without a mediation certificate. Whether that covers an appeal against a decision not to amend the plan, where the only change asked for was to section I, is not settled. If it does, a certificate may not move the appeal date, so to be safe the last day for such an appeal is 2 months after the decision letter was sent. If the council issues an amended plan, sections B, F and I of the amended plan can be appealed. If the council has not made any decision after the review, there is no decision to appeal yet. See the issue about a review not acted on.

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

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)
• Mediation about health care in the plan
• Talk to the council: a meeting, or asking for reasons in writing
• Disagreement resolution service
• 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_to_amend

Rules version

england-2026.10

Law as at

30 September 2026

Sources

• Children and Families Act 2014, s 51(2)(e)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), to verifyStill to confirm that the certificate limb of r 20(1)(c) means a certificate under CFA 2014 s 55(4) or (5), so that a certificate, and mediation the family chose to have, do not extend the time limit for an appeal only about section I (s 55(2)).
• SEND Regulations 2014, reg 20(10)Law (Act or Regulations)
• SEND Regulations 2014, reg 22(4)Law (Act or Regulations)
• SEND Regulations 2014, reg 20(11)Law (Act or Regulations)
• SEND Regulations 2014, reg 21(10)Law (Act or Regulations)
• SEND Regulations 2014, reg 22(5)Law (Act or Regulations)
• Children and Families Act 2014, s 55(2)Law (Act or Regulations), to verifyStill to confirm whether s 55(2) covers an appeal under s 51(2)(e) against a decision not to amend the plan where the only change asked for was to section I. If it does, no certificate is needed and the certificate limb of HESC r 20(1)(c)(ii) may not move the date, so the 2-month date is given.
• SEND Code of Practice 2015, para 11.24Official guidance
• Children and Families Act 2014, s 51(3)Law (Act or Regulations)
• Children and Families Act 2014, s 51(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
• Annual review
• Amending a plan
• Decisions that can be appealed to the SEND Tribunal

See the ways to challenge

The whole rulebook