Q:

12.28 Does a health or social care recommendation have to have the same level of specificity as special educational provision in Section F?

Noddy 'no-nonsense' Guide

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

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  • 14 Feb 2022
  • No

    Simple

    No. Where it is more specific, the more specific the health or social care body will have to be in responding. However, given the nature of the power, the FTT should be “free to make constructive recommendations” and “how specific it feels it can be is essentially a matter for the FTT”, and it is permissible to for example recommend a future assessment: VS and RS v Hampshire CC [2021] UKUT 187 (AAC) #46-47, 57. 

    More: 

    Does section F have to specify things like how much provision a child or young person requires, and how often?
    Can an EHCP leave matters in section F by a future assessment?

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    Noddy 'no-nonsense' Guide

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

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