Responding to health care recommendations5

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.