Rulebook · Decision or problem

The Tribunal made an order, or the council conceded the appeal, and it has not been carried out

The Regulations set time limits for the council to carry out a Tribunal order. Similar limits apply when the council tells the Tribunal, before sending its response, that it will not oppose an appeal. The Tribunal does not enforce its own orders. If an order is not carried out in time, it can be raised with the council in writing. Other routes are a complaint, the Ombudsman and judicial review.

The time limits run from the date of the order. For example, an order to change the school named must be carried out within 2 weeks, and an order to change needs or provision within 5 weeks. If the council tells the Tribunal it will not oppose an appeal before it sends its response, and before the time for its response runs out, the appeal is treated as decided in the appellant's favour, and the Tribunal does not need to make an order. The council must then act within set times, counted from the day it told the Tribunal. For example, it has 5 weeks to change needs or provision (sections B or F), and 2 weeks to change the school named, or 5 weeks if the same appeal also needs sections B or F changed. If the council says it will not oppose the appeal only after sending its response, those times do not apply: the time limits run from any order the Tribunal makes. After a health or social care recommendation, the health body (for health) or the council (for social care) must reply in writing within 5 weeks starting with the date of the recommendation, unless the Tribunal sets a different time limit. The reply must say what steps, if any, it will take, with reasons for not following the recommendation or any part of it.

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

Type of rule

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

Rule id

issue.tribunal_order_not_followed

Rules version

england-2026.10

Law as at

30 September 2026

Sources

• SEND Regulations 2014, reg 44(2)Law (Act or Regulations)
• SEND Regulations 2014, reg 45Law (Act or Regulations)
• SEND Regulations 2014, reg 45(1)Law (Act or Regulations)
• SEND Regulations 2014, reg 45(2)Law (Act or Regulations)
• Local Government Act 1974, s 26(5)Law (Act or Regulations)
• Children and Families Act 2014, s 51(2)Law (Act or Regulations)
• Tribunal Procedure (First-tier Tribunal) (HESC Chamber) Rules 2008, r 17(2)(c), (6) and (7)Law (Act or Regulations)
• SEND (First-tier Tribunal Recommendations Power) Regulations 2017, reg 6(3) to (5)Law (Act or Regulations)
• SEND (First-tier Tribunal Recommendations Power) Regulations 2017, reg 7(1) to (3)Law (Act or Regulations)

Related

• Council confirms it will assess (after a Tribunal order)
• Decision not to issue a plan after an ordered assessment (if that is the decision)
• Final plan after an ordered assessment
• Draft plan (after a Tribunal order to make a plan)
• Final plan (after a Tribunal order to make a plan)
• Council reconsiders (after the Tribunal refers the case back)
• Amended plan (after a Tribunal order about needs or provision)
• Amended plan (after a Tribunal order about the school or college)
• Amended plan (after a Tribunal order to continue and amend)
• Council confirms it will assess, after it said it would not oppose the appeal

See the ways to challenge

The whole rulebook