12.27 Can you enforce an FTT recommendation that health or social care provision is specified in an LA?
Noddy 'no-nonsense' Guide
Authors: David Wolfe QC, Leon Glenister
14 Feb 2022
A: SenseCheck
- 0 Yes
- 1 No
- 0 Other
- 14 Feb 2022
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No
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Simple
No. The power in Special Educational Needs and Disability (First-tier Tribunal Recommendations Power) Regulations 2017 is only to make recommendations, following which the LA or CCG has to respond within 5 weeks. Only the procedure (not the provision itself) is enforceable: VS and RS v Hampshire CC [2021] UKUT 187 (AAC) #41.
14 Feb 2022
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