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
- Education Act 1996, s 496Law (Act or Regulations)
- Education Act 1996, s 497Law (Act or Regulations)
- Children and Families Act 2014, s 83(7)Law (Act or Regulations)
Related
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