Source · Select Committees · Education Committee
Recommendation 32
32
Deferred
Extend SEND Tribunal powers to issue binding recommendations on health services with clear consequences.
Conclusion
The powers of the SEND Tribunal should be extended to allow it to issue binding recommendations to health services, not just education providers. This would ensure that when a failure to deliver a health provision specified in an EHC plan occurs, health bodies are legally obligated to take corrective action. This should include the introduction of a statutory duty on health services to respond to Tribunal decisions within a defined timeframe, with clear consequences for non-compliance. (Recommendation, Paragraph 159) 161
Government Response Summary
The government notes that SEND Tribunal decisions for health services are currently non-binding but usually followed, and states it will give full consideration to extending the Tribunal's powers to issue binding recommendations to health services.
Government Response
Deferred
HM Government
Deferred
The SEND Tribunal currently makes non-binding decisions in relation to health and social care appeals, where there is also an appealable educational element. We know that in the majority of cases, these recommendations are followed by health bodies. We will, however, give full consideration to the Committee’s recommendations.