SEND Tribunal to test hearings for Education, Health and Care Plans

The government has passed legislation to come in force on 1 April 2015 that will enable the First-tier Special Education Needs and Disability (SEND) Tribunal to test hearings where they can make recommendations in respect of social care and health.

The SEND Tribunal (First-tier Recommendation Power) (Pilot) Regulations 2015 will only apply to children or young people living in the local authorities that have agreed to pilot the scheme. The local authorities that have agreed to take part are:

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

From 1 April 2015, when one of the above local authorities notifies a child’s parent or young person of a decision that leading to a right of appeal to the SEND Tribunal, the local authority will have to also notify them of the Tribunal’s power to make recommendations in relation to health and social care.

The Tribunal can make recommendations in relation to the child or young person’s health and social care needs and provision in the following 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 stop the EHCP.

What happens after the recommendation?

The Tribunal must send a copy of any health recommendation to the responsible commissioning body. The clinical commissioning body (health) and/or local authority (social care) must respond within five weeks (unless the Tribunal specifies another time limit). The response must outline the steps that will be taken and give reasons for any decision not to follow the recommendation.

What does this mean for parents?

If the clinical commissioning group and social services follow the recommendations, there is the possibility of improving health and social care support through the EHCP. My own views are that, whilst this is a step in the right direction, it remains to be seen how effective a recommendation with no means of enforcement will be.