12.27 Can you enforce an FTT recommendation that health or social care provision is specified in an LA?
A: SenseCheck
- 0 Yes
- 1 No
- 0 Other
- 03 Mar 2025
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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.
Where a local authority or ICB does not accept recommendations it must provide “cogent reasons” given the recommendation has been made by an expert Tribunal: R (AT and BT) v LB Barnet [2019] EWHC 3404 (Admin) #13, R (LS) v LB Merton [2024] EWHC 584#57-60. In reaching a decision, the body must act rationally: LS #67-70.
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Comment