Once received the LA have to comply with time limits within which they must carry out a SEND Tribunal order. These time limits are contained in Regulation 44 of the Special Educational Needs and Disability Regulations 2014. They are:

Appeals against a refusal to assess or re-assess

• Where the SEND Tribunal requires the LA to make an assessment or reassessment, the LA must notify the parents that it will make an assessment (notification starts the process) within two weeks. Following the assessment or re-assessment: (a) if the LA decides not to issue an EHC plan, they must so notify the parent or young person within 10 weeks of the SEND Tribunal order; and (b) if the LA decides to issue an EHC plan they must issue the finalised EHC plan within 14 weeks of the SEND Tribunal order.

 Appeals against a refusal to issue an EHC plan

• Where the LA has been ordered to make and maintain an EHC plan, it must issue a draft EHC plan within five weeks of the order.

Appeal about the contents of an EHC plan

• Where the LA has been ordered to amend the special educational provision specified in the EHC plan, the LA must issue the amended EHC plan within 5 weeks of the order being made.
• Where the LA has been ordered to substitute the name of a school or other institution the LA must issue the amended EHC plan within two weeks.

Appeal against a decision to cease to maintain an EHC plan

• Where the SEND Tribunal has ordered that an EHC plan shall be continued, that LA must continue to maintain the EHC plan (as they should have continued to provide the provision set out in the EHC while the appeal was going on).
• Where the SEND Tribunal has ordered that an EHC plan shall be continued but also amended, the EHC plan shall continue with immediate effect and the amendments shall be made within 5 weeks.
• Where the SEND Tribunal orders that the LA can cease to maintain the EHC plan, the LA shall cease to maintain the EHC plan immediately.

Any type of appeal

•  Where the LA has been ordered to reconsider their decision, it must do so within 2 weeks of the order.

You can appeal against the SEND Tribunal’s order, but only in limited circumstances. If you wish to appeal or to ask for the decision to be reviewed, you must do this within 28 days of the judgement. See the section on challenging SEND Tribunal decisions for further information.

If the LA does not take steps to implement the SEND Tribunal’s decision, it is acting unlawfully, and could be challenged via judicial review.

If you can’t find the answer to your question, you can book an appointment to speak with us.