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02.18 Can the FTT determine a dispute between LAs on responsibility for an EHC Plan, or funding provision in an EHC Plan?

Noddy 'No-nonsense' Guide to SEN law
Noddy No-nonsense Guide

Noddy No-nonsense Guide
Authors: David Wolfe KC, Leon Glenister
04 Nov 2022

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  • 24 Feb 2025

  • No

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    No. A transfer can only be challenged in court by way of judicial review: JG v Kent CC [2016] EWHC 1102 (Admin) #143. There is no right of appeal, or power of the FTT, to determine disputes on responsibility or funding. Where applicable, disputes may be referred to the Secretary of State pursuant to EA1996 s495(3) (responsibility for maintaining and securing provision) or EA1996 579(4) (belonging). 

    However, where a LA ceases to maintain a plan because it is “no longer responsible” for the CYP, on the basis a CYP has moved abroad, the FTT can determine an appeal against a decision to cease under CFA 2014 s51(2)(f): Hampshire CC v GC [2024] UKUT 128 (AAC) #175.

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