The Special Educational Needs (Direct Payments) (Pilot Scheme) Order 2012

Stopping making direct payments

17.  The local authority must stop making direct payments if—

(a) any consent required under paragraph 10 is withdrawn;

(b) the person receiving the direct payments ceases to be a person to whom direct payments may be made in accordance with paragraphs 6 to 8;

(c) where the person receiving the direct payments is a nominee or a representative, and the nominee or representative no longer meets all of the conditions set out in paragraph 7 or, as the case may be, paragraph 8;

(d) following a review under paragraph 15, it appears to the local authority that the person receiving the direct payments is not using the direct payments to secure the agreed provision;

(e) following a review under paragraph 15, it appears to the local authority that the agreed provision can no longer be secured by means of direct payments;

(f) at any point the local authority becomes aware that the making of direct payments in respect of a beneficiary is—

(i) having an adverse impact on other services which the local authority provides or arranges for children and young people in its area for whom it maintains a statement of special educational needs under section 324 of the 1996 Act or who are subject to a learning difficulty assessment arranged under section 139A of the 2000 Act; or

(ii) no longer consistent with the authority’s efficient use of its resources.