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5.—(1) When the First-tier Tribunal makes a recommendation in respect of health care needs or health care provision, it must send a copy of the recommendation to the responsible commissioning body.
(2) When sending a copy of a recommendation, the First-tier Tribunal may also send a copy of the decision which disposes of the appeal brought under section 51(2) of the Act to the responsible commissioning body.
(3) The responsible commissioning body must respond within 5 weeks from the date of the recommendation to—
(a)the child’s parent or the young person, and
(b)the local authority that maintains the EHC plan.
(4) The time limit specified in paragraph (3) does not apply where the First-tier Tribunal directs a different time limit for the responsible commissioning body’s response.
(5) A response under paragraph (3) must—
(a)be in writing,
(b)state what steps, if any, the responsible commissioning body has decided to take following its consideration of the recommendation, and
(c)give reasons for any decision not to follow the recommendation, or any part of it.
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