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Rulebook · Time limit

Draft plan after the council said it would not oppose the appeal (appeal about issuing a plan)

The council must issue a draft plan.

How it is counted
Within 5 weeks of the day the council told the Tribunal, before sending its response, that it would not oppose the appeal: the same day of the week, 5 weeks later.
Whose date it is
The council
What starts it
The council told the Tribunal, before sending its response, that it will not oppose the appeal
What counts as done
The council sent the draft EHC plan
Type of rule
Law (Act or Regulations)
Rule id
unopposed_make_plan
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.

These time limits apply only where the council told the Tribunal before sending its response that it would not oppose the appeal. If it gave way after its response, they do not apply: the time limits for a Tribunal order run only if the Tribunal made one, so add the order and its date. If the council told the Tribunal after the time for its response had run out, without having sent one, the Tribunal's consent was needed (HESC r 17(2)(c)), and whether these time limits apply is not settled.

When the time limit does not apply

The law says this time limit does not apply when meeting it is impractical because:

  • Advice was asked of a school, college or early years setting during a closure of at least 4 weeks (the period from 1 week before it closed to 1 week before it reopened) (reg 45(7))
  • Exceptional personal circumstances affected the child, parent or young person (reg 45(7))
  • The child, parent or young person was away from the council's area for at least 2 weeks in a row (reg 45(7))

The duty to do it remains. Plenda only uses an exception when the local authority says it relies on one.

If the date passes

If the council told the Tribunal before sending its response that it would not oppose the appeal, the appeal is treated as decided in your favour and no order is needed; reg 45 sets the council's time limit to act. If the council gave way after its response, reg 45 does not apply: the time limits for an order run only if the Tribunal made one. Under reg 45 there is no Tribunal order to enforce, 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, say it told the Tribunal it would not oppose the appeal, give the time limit, and ask when it will act.
  • 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

Work out your dates

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