Q:

12.24 Does the LA have to comply with an FTT decision?

Noddy 'no-nonsense' Guide

Noddy 'no-nonsense' Guide
Authors: David Wolfe QC, Leon Glenister
14 Feb 2022

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  • 14 Feb 2022
  • Yes

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    Yes. If the FTT orders amendments to an EHCP, the LA must make those amendments: Regs2014 section 44.

    Where a LA makes amendments which are different to those that are ordered by the FTT, Regs2014 regulation 28 applies, and the amendments require the procedural requirements in Regs2014 regulation 22 to be complied with and there is a fresh appeal right: Essex CC v FA and anor [2019] UKUT 38 #30. See also R (S) v Camden [2018] EWHC 3354 (Admin)#28, 71-81.

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    Noddy 'no-nonsense' Guide

    Noddy 'no-nonsense' Guide
    Authors: David Wolfe QC, Leon Glenister