Rulebook · Local authority letter
Council's decision after a review
After a review meeting (annual or early), the council must decide whether to keep the plan as it is, change (amend) it, or stop it, and tell you within 4 weeks of the meeting. If it keeps or stops the plan, the letter must cover appeals, the time limit, mediation, help to resolve disagreements, information and advice, and the Tribunal's recommendations power. If it will amend, the High Court has said the letter must set out the proposed changes.
Plenda checks 26 things in a letter like this: 19 are required by the Act or Regulations; 1 is required by case law; 1 is Code of Practice "should"; 5 are good practice. If the decision is to stop maintaining the plan, the check for a decision to cease a plan also applies. If the decision is to amend, the proposed amendments, a copy of the plan and the supporting evidence must be sent, with notice of the right to ask for a particular school or college and of where to find information about schools and colleges. Where this letter sets out the amendments, these are checked in it; where the amendments come in a later letter, the check for proposed amendments covers that letter. The parent or young person then has at least 15 days, beginning with the day they are served, to comment, ask for a particular school or college and ask for a meeting, and the final amended plan, or a decision not to amend, is due within 8 weeks of their being sent. The appeal information then comes with the final amended plan, or the decision not to amend. The next review must take place within the 12 months starting with the date the plan was last reviewed. If no decision has been sent within 4 weeks of the meeting, there is no decision to appeal yet, and the plan stays in force. Delay is dealt with through other routes, such as a complaint. 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: keep the plan as it is, amend it, or stop maintaining itLaw (Act or Regulations)
- If the council will amend the plan: the proposed amendments themselves, not only the intention to amendCase 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.
- A copy of the current planLaw (Act or Regulations)
- Copies of the evidence that supports the proposed amendmentsLaw (Act or Regulations)
- The right to comment on (make representations about) the proposed amendmentsLaw (Act or Regulations)
- The right to ask for a particular school or college to be namedLaw (Act or Regulations)
- The period for comments and requests: at least 15 days, beginning with the day the plan and notice were servedLaw (Act or Regulations)
- The right to ask for a meeting with a council officerLaw (Act or Regulations)
- Where to find information about the schools and colleges that are availableLaw (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 date of the letterGood practice. Not required
- The date of the review meeting (the 4 weeks count from it)Good practice. Not required
- The reasons for the decisionGood 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.review_decision- Rules version
- england-2026.10
- Law as at
- 30 September 2026
Sources
- SEND Regulations 2014, reg 20(10)Law (Act or Regulations)
- SEND Regulations 2014, reg 20(11)Law (Act or Regulations)
- SEND Regulations 2014, reg 21(9)Law (Act or Regulations)
- SEND Regulations 2014, reg 21(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.
- SEND Regulations 2014, reg 31Law (Act or Regulations)
- SEND Regulations 2014, reg 22(2)Law (Act or Regulations)
- SEND Code of Practice 2015, para 9.194Code of Practice: must (restates the law)
- SEND Regulations 2014, reg 22(3)Law (Act or Regulations)
- SEND Regulations 2014, reg 22(4)Law (Act or Regulations)
- SEND Regulations 2014, reg 22(5)Law (Act or Regulations)
- Children and Families Act 2014, s 44(1)(b)Law (Act or Regulations)
- Children and Families Act 2014, s 37(1)Law (Act or Regulations)
- Children and Families Act 2014, s 45(1)Law (Act or Regulations)
Related
- After a review or re-assessment, the council decided not to change the plan
- Council's decision after the review
- Your time to comment on proposed amendments
- Council sends the final amended plan (or decides not to amend)
- Last day to contact a mediation adviser (needed before most appeals)
- Last day to appeal to the SEND Tribunal
- Next annual review of the plan
- Proposed amendments to an EHC plan
- Decision to stop maintaining (cease) an EHC plan
If you think this rule is wrong or out of date, please tell us. A person reads every report.