Rulebook · Time limit
Council reconsiders (after the Tribunal refers the case back)
The council must reconsider its decision, and within the same 2 weeks send the draft plan or give notice of a decision not to maintain a plan.
- How it is counted
- Within 2 weeks of the date of the order: the same day of the week, 2 weeks later.
- Whose date it is
- The council
- What starts it
- The SEND Tribunal made its order
- What counts as done
- The council sent the draft EHC plan, or The council told the family it will not issue an EHC plan, or The council sent written notice of a decision that can be appealed
- Type of rule
- Law (Act or Regulations)
- Rule id
order_remit- Rules version
- england-2026.10
- Law as at
- 30 September 2026
Part of how this date is counted is less certain in the law. Check the sources, and the counting note above.
If the date passes
The council must still carry out the Tribunal's order. The Tribunal cannot enforce its own orders, so the routes are a complaint, the Ombudsman, a complaint to the Secretary of State or judicial review.
Steps people often take:
- Write to the council, quote the order and its time limit, and ask when it will be done.
- Make a formal complaint, then complain to the Local Government and Social Care Ombudsman.
- A complaint can also be made to the Secretary of State for Education, who can direct a council that acts unreasonably or does not carry out a duty.
- For serious delay, a solicitor can send a pre-action letter before a judicial review claim (within 3 months).
Your own deadlines do not change because the council is late.
Sources
- SEND Regulations 2014, reg 44(2)Law (Act or Regulations)
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