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The Special Educational Needs and Disability (First-tier Tribunal Recommendations Power) Regulations 2017

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Responding to health care recommendations

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6.—(1) When the First-tier Tribunal makes a recommendation in respect of health care needs or health care provision, it must send a copy of the recommendation to the responsible commissioning body.

(2) When sending a copy of a recommendation, the First-tier Tribunal may also send a copy of the decision which disposes of the appeal brought under section 51(1) of the Act to the responsible commissioning body.

(3) The responsible commissioning body must respond within 5 weeks beginning with the date of the recommendation to—

(a)the child’s parent or the young person, and

(b)the local authority that maintains the EHC plan.

(4) The time limit specified in paragraph (3) does not apply where the First-tier Tribunal directs that a different time limit is to apply for the responsible commissioning body’s response.

(5) A response under paragraph (3) must—

(a)be in writing,

(b)state what steps, if any, the responsible commissioning body has decided to take following its consideration of the recommendation, and

(c)give reasons for any decision not to follow the recommendation, or any part of it.

(6) The local authority must send a copy of the response received from the responsible commissioning body under paragraph (3)(b) to the Secretary of State within 1 week beginning with the date it was received.

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