Add to your assistant

Rulebook · Way to challenge

Complaint to the Secretary of State for Education

Under the Education Act 1996, the Secretary of State for Education can give directions to a council or to a maintained school's governing body. This can happen if either has acted unreasonably or has not carried out a legal duty, including a duty about SEN or EHC plans. Complaints go to the Department for Education. The powers are used rarely, usually after other complaint routes have been tried.

Who can use it: Anyone, including parents and young people. Time limit: No fixed time limit.

Alongside other ways
Yes, though the Department for Education normally expects other complaint routes to be used first.
Cost
Free.

What it can do

  • The Secretary of State can direct the council or governing body to carry out a duty or to act reasonably.

What it cannot do

  • It is not an appeal and does not decide what a plan should say.
  • It does not award compensation.
  • It does not stop or extend the time limit for an appeal.
Type of rule
Law (Act or Regulations)This is the law, set by an Act of Parliament or by Regulations.
Rule id
route.secretary_of_state
Rules version
england-2026.10
Law as at
30 September 2026

Sources

Related

See the ways to challenge

If you think this rule is wrong or out of date, please tell us. A person reads every report.

Report a problem with this rule

The whole rulebook