Rulebook · Decision or problem

An annual review has not happened, or the council has not acted on it

The council must review the plan at least every 12 months. It must decide within 4 weeks of the review meeting whether to keep, change or stop the plan. If no review is held, or no decision follows, there is nothing to appeal yet. The routes are to chase the council, complain, and then go to the Ombudsman. Judicial review is also possible for delay.

If the council decides to amend the plan after a review, the High Court has said its notice within 4 weeks of the meeting must set out the proposed changes, not just say it will amend. The final amended plan is then due within 8 weeks of that notice. The plan stays in force while a review is late, and the council must keep securing its provision.

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
• Disagreement resolution service

Type of rule

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

Rule id

issue.review_not_acted_on

Rules version

england-2026.10

Law as at

30 September 2026

Sources

• Children and Families Act 2014, s 44(1)Law (Act or Regulations)
• SEND Regulations 2014, reg 20(10)Law (Act or Regulations)
• R (L) v Devon County Council [2022] EWHC 493 (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.
• Children and Families Act 2014, s 51(2)Law (Act or Regulations)
• SEND Regulations 2014, reg 22(3)Law (Act or Regulations)
• Children and Families Act 2014, s 42(2)Law (Act or Regulations)

Related

• First annual review of the plan
• Next annual review of the plan
• Review report after the meeting
• Council's decision after the review
• Council sends the final amended plan (or decides not to amend)
• Annual review
• Local Government and Social Care Ombudsman (LGSCO)

See the ways to challenge

The whole rulebook