The Special Educational Needs and Disability (Detained Persons) Regulations 2015

Powers of the First-tier Tribunal

28.—(1) Before determining any appeal brought under section 73 of the Act, the First-tier Tribunal may, with the agreement of the parties, correct any deficiencies in the EHC plan which relate to the special educational needs or special educational provision for the detained person.

(2) When determining an appeal the powers of the First-tier Tribunal include the power to—

(a) dismiss the appeal;

(b) order the home authority to arrange a detained person’s EHC needs assessment under section 71 of the Act where the home authority has refused to do so, where the appeal is made under section 73(2)(a) of the Act;

(c) order the home authority to make and keep an EHC plan where the home authority has refused to do so, where the appeal is made under section 73(2)(b) of the Act;

(d) refer the case back to the home authority for them to reconsider whether, having regard to any observations made by the First-tier Tribunal, it is necessary for the home authority to determine the special educational provision for the detained person, where the appeal is made under section 73(2)(b) of the Act;

(e) order the home authority to substitute in the EHC plan the school or other institution or the type of school or other institution specified in the EHC plan, where the appeal concerns, the specific school or other institution, or the type of school or other institution named in the EHC plan, where the appeal is made under section 73(2)(c)(i) or (ii) of the Act;

(f) where appropriate, when making an order in accordance with paragraph (e) this may include naming—

(i) a special school or institution approved under section 41 of the Act where a mainstream school or mainstream post-16 institution is specified in the EHC plan, or

(ii) a mainstream school or mainstream post-16 institution where a special school or institution approved under section 41 of the Act is specified in the EHC plan.