Rulebook · Way to challenge

Asking the Tribunal for health and social care recommendations (extended appeal)

In most appeals, the Tribunal can also be asked to look at health and social care needs and provision. The exception is an appeal against a refusal to assess. The Tribunal can then make recommendations to the health body or the council. Recommendations are not binding. But the body must reply in writing within 5 weeks, unless the Tribunal sets another time, and give reasons for not following any part.

Who can use it: A parent or young person who is appealing about a refusal to issue a plan, the content of a plan (B, F or I), a refusal to re-assess, a refusal to amend, or a decision to stop the plan. Time limit: The same as the appeal it is part of: recommendations are asked for in the appeal. The health body or council must reply within 5 weeks starting with the date of the recommendation, unless the Tribunal sets a different time limit.

Needs a mediation certificate first

It depends on what the appeal is about.

Alongside other ways

It is part of the appeal. Health mediation and NHS or social care complaints are separate and can also be used. If there is a concern about the response, the health ombudsman (for health) or the Local Government and Social Care Ombudsman (for social care) can look at it, and judicial review is possible. Department for Education guidance records the ombudsmen's stated practice, which is not law: they will use their discretion to look at a complaint about a refusal to accept a recommendation as soon as the refusal is made, without the local complaints process being used first. Where the body agreed to a recommendation but then delays or does not deliver it, they would in most cases expect a complaint to the council or health body first.

Cost

The same as the appeal: no fee, and each side normally pays its own costs.

What it can do

• Recommendations about health needs and provision (sections C and G) and social care needs and provision (sections D, H1 and H2).
• A written reply from the health body or council, within 5 weeks unless the Tribunal sets a different time limit. It must say what steps, if any, it will take, with reasons for not following any part of a recommendation.

What it cannot do

• Recommendations are not orders and cannot be enforced through the Tribunal.
• It is not available on its own: there must be an appeal about a decision that can be appealed.
• It is not available in an appeal against a refusal to assess.

Type of rule

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

Rule id

route.extended_appeal

Rules version

england-2026.10

Law as at

30 September 2026

Sources

• SEND (First-tier Tribunal Recommendations Power) Regulations 2017Law (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)
• Children and Families Act 2014, s 51(4)(c)Law (Act or Regulations)
• Children and Families Act 2014, s 51(5)Law (Act or Regulations)
• SEND Regulations 2014, reg 10(3)Law (Act or Regulations)
• Children and Families Act 2014, s 42(3)Law (Act or Regulations)
• DfE, SEND Tribunal: extended appeals – guidance for local authorities, health commissioners, parents and young people (Sept 2021), section 5Official guidance

Related

• Health and social care recommendations (extended appeals)
• Social care in an EHC plan (Sections D, H1 and H2)
• Last day to appeal to the SEND Tribunal
• Written response to a Tribunal health or social care recommendation

See the ways to challenge

The whole rulebook