The Special Educational Needs and Disability (First-tier Tribunal Recommendation Power) (Pilot) Regulations 2015
| Jurisdiction | UK Non-devolved |
| Citation | SI 2015/358 |
| Year | 2015 |
2015No. 358
EDUCATION, ENGLAND
The Special Educational Needs and Disability (First-tier Tribunal Recommendation Power) (Pilot) Regulations 2015
24thFebruary2015
26thFebruary2015
1stApril2015
The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by sections 51(4)(c) and (5) and 135(2) and (3) of the Children and Families Act 2014( 1).
Citation and commencement
1. These Regulations may be cited as the Special Educational Needs and Disability (First-tier Tribunal Recommendation Power) (Pilot) Regulations 2015 and come into force on 1st April 2015.
Interpretation
2. In these Regulations-
"the 2014 Regulations" means the Special Educational Needs and Disability Regulations 2014( 2);
"the Act" means the Children and Families Act 2014;
"pilot local authority" means a local authority listed in the Schedule;
"responsible commissioning body" means in relation to any specified health care provision, the body (or each body) that is under a duty to arrange health care provision of that kind in respect of the child or young person, or would be under such a duty if the health care needs or health care provision recommended by the First-tier Tribunal were specified in the child or young person's EHC plan.
Power to make recommendations in respect of health and social care needs
3.-(1) When an appeal under section 51(2)(b) of the Act against a pilot local authority is to be determined in favour of the child's parent or the young person, the First-tier Tribunal has the power to recommend that when the EHC plan is made-
(a) health care needs or health care needs of a particular kind which relate to the child or young person's special educational needs are specified in the EHC plan in accordance with regulation 12(1)(c) of the 2014 Regulations;
(b) social care needs or social care needs of a particular kind which relate to the child or young person's special educational needs or to a disability are specified in the EHC plan in accordance with regulation 12(1)(d) of the 2014 Regulations.
(2) When an appeal under section 51(2)(c), (d), (e) or (f) of the Act against a pilot local authority is to be determined, the First-tier Tribunal has the power to recommend that-
(a) the health care needs specified in the EHC plan in accordance with regulation 12(1)(c) of the 2014 Regulations are amended;
(b) the social care needs specified in the EHC plan in accordance with regulation 12(1)(d) of the 2014 Regulations are amended;
(c) health care needs or health care needs of a particular kind are specified in the EHC plan in accordance with regulation 12(1)(c) of the 2014 Regulations where those needs have not been specified in the plan;
(d) social care needs or social care needs of a particular kind are specified in the EHC plan in accordance with regulation 12(1)(d) of the 2014 Regulations where those needs have not been specified in the plan.
Power to make recommendations in respect of health and social care provision
4.-(1) When an appeal under section 51(2)(b) of the Act...
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