What powers does the SEND Tribunal have in relation to health and social care?

The SEND Tribunal can make ‘recommendations’ about the health and social care sections of an EHC plan. These are non-binding but there is an expectation they will be followed.

If they are not going to be followed then the LA (for social care) or the integrated care board (for health) will need to write to the parents or young person within 5 weeks of the decision, explaining why they have decided not to follow the recommendations. The reasons the health or social care body give for any decision not to follow the recommendations must be cogent - compelling, weighty and convincing reasons - else they risk being subject to successful challenge.