If the appeal for sections B, F and I are resolved prior to tribunal, can we still go to tribunal for sections D and H?
We are close to resolving section F with the local authority. However, sections D and H are very much disputed. We strongly need a social care recommendation from the tribunal but are worried that if sections B, F and I are resolved, we would lose our legal entitlement to section H being reviewed at tribunal.
A: SenseCheck
- 1 Yes
- 0 No
- 0 Other
- 04 Mar 2026
-
Yes
|
Simple
Yes — but only if the appeal remains live.
If Sections B, F and I are resolved before the hearing, you may still proceed to the SEND Tribunal and seek recommendations in relation to Sections D and H, provided the appeal remains live.
The Tribunal’s jurisdiction arises under s.51 Children and Families Act 2014, which concerns the educational elements of an EHCP. The Tribunal’s ability to consider health and social care arises only through the extended appeals regime under the Special Educational Needs and Disability (First-tier Tribunal Recommendations Power) Regulations 2017. Under regulation 3(1), the Tribunal may make recommendations about health and social care only where it is determining a s.51 education appeal.
Accordingly, settlement of Sections B, F and I does not automatically remove the Tribunal’s jurisdiction. However, if agreement on those sections leads to the appeal being withdrawn or otherwise finally disposed of, the Tribunal cannot proceed solely in relation to Sections D or H, because there is no longer a live education appeal to which the extended recommendations power can attach.
In practice, parties sometimes agree the wording of the educational sections subject to Tribunal order, or otherwise ensure the appeal remains live until the Tribunal determines or disposes of the education appeal. In some cases, a narrow educational issue may remain outstanding until the hearing so that the education appeal remains live. In practice, this can allow health or social care matters to be considered within the same proceedings.
04 Mar 2026
|
2 Comments