The Special Educational Needs (Direct Payments) (Pilot Scheme) Order 2012

Monitoring and review of direct payments

16.—(1) Following a review, the local authority may—

(a) substitute the person receiving the direct payments with a representative, a nominee, a parent or the beneficiary where the beneficiary has attained the age of 16, as appropriate;

(b) increase, maintain or reduce the amount of the direct payments;

(c) stop making direct payments;

(d) require that the person receiving the direct payments complies with either or both of the following conditions—

(i) the person must not secure a service from a particular person;

(ii) the person must provide such information as the local authority considers necessary;

(e) take any other action that the local authority considers appropriate.

(2) Where, following a review, the local authority decides to increase the amount of the direct payments, the local authority must notify the person receiving the direct payments.

(3) Where, following a review, the local authority decides to reduce the amount of, or stop making, the direct payments, the local authority must give reasonable notice in writing to the person receiving the direct payments, giving reasons.

(4) On receipt of a notice under sub-paragraph (2), the person receiving the direct payments may request the local authority to reconsider its decision.

(5) The local authority must give written notice to the person receiving the direct payments of the decision on any further reconsideration, giving reasons.

(6) The local authority need not undertake more than one reconsideration of a decision under sub-paragraph (2).