SCHEDULE 1Pilot Scheme

PART 2Circumstances in which direct payments may be made

Stopping making direct payments17

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any consent required under paragraph 10 is withdrawn;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.