Rulebook · Local authority letter

Decision not to re-assess

This letter says the council will not carry out a re-assessment of a child or young person who already has a plan. The council must tell you its decision within 15 days of receiving the request. The law says the letter must tell you about your right to appeal, the time limit, mediation, help to resolve disagreements, where to get information and advice, and the Tribunal's power to make recommendations about health and social care.

Plenda checks 19 things in a letter like this: 12 are required by the Act or Regulations; 1 is Code of Practice "should"; 6 are good practice. A parent, the young person, or the school or college can ask for a re-assessment. The council can also re-assess on its own initiative. Plenda does not say what effect a gap in a letter has on the decision. A gap can still matter: it can be raised with the council or in a complaint and, where the decision can be appealed, it may be relevant to a late appeal, because the Tribunal decides whether to accept one. This check compares the text supplied with what the law requires in a letter like this, and with good practice. It does not judge whether the decision itself is right.

What a letter like this includes

• The decision: the council will not carry out a re-assessmentLaw (Act or Regulations)
• The right to appeal to the SEND Tribunal (the First-tier Tribunal, Special Educational Needs and Disability)Law (Act or Regulations)
• The time limit for appealing (2 months from the date the decision was sent, or 1 month from the mediation certificate if that is later)Law (Act or Regulations)
• The right to mediationLaw (Act or Regulations)
• That before most appeals the parent or young person must contact a mediation adviser and get a certificate (not needed for an appeal only about the school or college named)Law (Act or Regulations)
• How to contact the mediation adviser (a phone number, email or website)Law (Act or Regulations)
• The time limits for asking for mediationLaw (Act or Regulations)
• That a parent or young person who wishes to pursue mediation must tell the council so, and what the issues for mediation are (and, where an issue is health care provision missing from the plan, the health care provision wanted)Law (Act or Regulations)
• Contact details for the person acting for the council whom the parent or young person contacts to pursue mediationLaw (Act or Regulations)
• That going to mediation is a choice: only contacting the mediation adviser is needed before most appealsGood practice. Not required
• That going to mediation does not affect the right to appealCode of Practice: should (follow unless there is a good reason not to). Not required
• That disagreement resolution services are availableLaw (Act or Regulations)
• That information and advice about special educational needs is available (for example from the local SENDIASS)Law (Act or Regulations)
• The Tribunal's power to make recommendations about health and social care needs and provisionLaw (Act or Regulations)
• The reasons for the decisionGood practice. Not required
• Which ground applies: an assessment or re-assessment in the last 6 months, or a further assessment is not necessaryGood practice. Not required
• The date the request was received (the 15 days count from it)Good practice. Not required
• The date of the letterGood practice. Not required
• A named person at the council to contact, with a phone number or emailGood practice. Not required

Type of rule

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

Rule id

notice.reassessment_refusal

Rules version

england-2026.10

Law as at

30 September 2026

Sources

• SEND Regulations 2014, reg 25(1)Law (Act or Regulations)
• SEND Regulations 2014, reg 25(2)Law (Act or Regulations)
• Children and Families Act 2014, s 51(2)(d)Law (Act or Regulations)
• SEND Regulations 2014, reg 32Law (Act or Regulations)
• Children and Families Act 2014, s 44(2)Law (Act or Regulations)
• Children and Families Act 2014, s 44(3)Law (Act or Regulations)

Related

• The council refused a request to re-assess
• 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

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