The Special Educational Needs and Disability Regulations 2014

Compliance with the orders of the First-tier Tribunal E+W

44.—(1) Subject to paragraph (3) or any direction made by the First-tier Tribunal, if the First-tier Tribunal makes an order requiring a local authority to take any action, the local authority shall take that action within the period specified in paragraph (2).

(2) Where the order—

(a) dismisses an appeal against a determination to cease an EHC Plan, the local authority shall cease to maintain the EHC Plan immediately;

(b) requires a local authority to make an assessment or reassessment, the local authority shall within 2 weeks of the order being made notify the child's parent or the young person that it shall make the assessment or reassessment and shall—

(i) where, following the assessment or reassessment, the local authority decides that it is not necessary for special educational provision to be made for the child or the young person, in accordance with an EHC plan, notify the child's parent or the young person of its decision, giving reasons for it as soon as practicable, and in any event within 10 weeks of the date of the First-tier Tribunal's order; or

(ii) where, following the assessment or reassessment, it decides that it is necessary for special educational provision to be made for the child or the young person, in accordance with an EHC plan, it must send the finalised plan to [F1 the child’s parent or the young person under regulation 14(2) and] those specified in regulation 13(2) as soon as practicable and in any event within 14 weeks of the date of the First-tier Tribunal's order;

(c) requires a local authority to make and maintain an EHC Plan, the local authority shall—

(i) issue a draft EHC Plan within 5 weeks of the order being made; and

(ii) send a copy of the finalised EHC plan to the child's parent or young person under [F2 Regulation 14(2) and to those specified in regulation 13(2)], within 11 weeks of the order being made.

(d) refers the case back to the local authority for it to reconsider, the local authority shall do so within 2 weeks of the order being made and shall either send a copy of the draft EHC Plan as required under Regulation 13 or give notice as required under Regulation 5 of any decision not to maintain an EHC Plan;

(e) requires a local authority to amend the special educational provision specified in an EHC Plan, the local authority shall issue the amended EHC Plan within 5 weeks of the order being made;

(f) requires the local authority to amend the name of the school or other institution or the type of school or other institution specified in the EHC plan, the local authority shall issue the amended EHC plan within 2 weeks of the order being made;

(g) requires the local authority to continue to maintain an EHC Plan in its existing form, the local authority shall continue to maintain the EHC Plan; and

(h) to continue and amend an EHC Plan, the local authority shall continue to maintain the EHC Plan and amend the EHC Plan within 5 weeks of the order being made.

(3) The local authority need not comply with the time limits specified in paragraph (2)(b) and (c) if it is impractical to do so because—

(a) exceptional personal circumstances affect the child or their parent, or the young person during that period of time;

(b) the child or their parent or the young person is absent from the area of the authority for a continuous period of 2 weeks or more during that period of time; or

(c) any of the circumstances referred to in regulation 13(3) apply.

Textual Amendments

F1 Words in reg. 44(2)(b)(ii) inserted (23.3.2015) by The Special Educational Needs and Disability (Amendment) Regulations 2015 (S.I. 2015/359), regs. 1, 7(a)

F2 Words in reg. 44(2)(c)(ii) substituted (23.3.2015) by The Special Educational Needs and Disability (Amendment) Regulations 2015 (S.I. 2015/359), regs. 1, 7(b)