More local authorities included in pilot scheme for health and social care

The government has passed legislation to come in force on 1 February 2016 – The Special Educational Needs and Disability (First-tier Tribunal Recommendation Power)(Pilot)(Amendment) Regulations 2016 that will come into force on 1 February 2016. This has added four new local authorities (LAs) to the pilot scheme that enables the Tribunal to test hearings and make recommendations in relation to social care and health.

The four new LAs added are: Birmingham, Buckinghamshire, East Sussex and Northamptonshire.

This adds to the list of LAs already signed up to the pilot:

• Barking and Dagenham
• Bedford
• Blackpool
• Cheshire West and Cheshire
• Ealing
• East Riding of Yorkshire
• Hackney
• Kent
• Lambeth
• Liverpool
• Sandwell
• Stockport
• Wokingham

It means that the Tribunal can make recommendations in relation to health and social care where parents/young person lives in one of the named LAs and wants to take part.

The Tribunal can make health and social care recommendations in the following type of appeals:

• Refusal to carry out an EHC needs assessment where parents are successful in their appeal.
• Refusal to issue an Education, Health and Care Plan (EHCP) following an EHC needs assessment where parents are successful in their appeal.
• Against the contents of Sections B (educational needs), F (educational provision) and I (placement) of the EHCP.
• Refusal to amend the EHCP following an Annual Review or reassessment.
• Decision to cease to maintain the EHCP.

See our article from March 2015 that explains what the pilot means for parents/young people living in these LAs.