What the Tribunal can and can't do about the health and social care sections of an EHC plan, and why MM v Royal Borough of Greenwich matters.
Following a National Trial that began in 2018 and has since been made permanent, the SEND Tribunal has had the power to make recommendations about the health and social care sections of an EHC plan, in addition to its usual powers over the educational sections.
Only where a family is already appealing the educational aspects of the plan, the education-related part of the appeal has to stay live throughout. Within that appeal, the family can ask the Tribunal to also look at, and make recommendations about, the health and social care provision described in the plan.
No. Unlike the Tribunal's orders on the educational sections, which local authorities must follow, its findings on health and social care are recommendations that the relevant health or social care body isn't legally required to act on.
This is confirmed in MM v Royal Borough of Greenwich [2024] UKUT 179 (AAC), which explains the consequences of the statutory scheme rather than creating the distinction itself.
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Can I appeal just the health and social care sections on their own?
No, this power only applies alongside a live educational appeal, it can't be used on its own.
What happens if a health body ignores the Tribunal's recommendation?
There's no automatic enforcement mechanism, this is a genuine limitation of the extended powers.
Does this apply to every SEND Tribunal appeal?
Only where the family specifically raises the health and social care sections as part of the appeal.
Which sections of the plan does this cover?
Sections C, D, G, and H, health and social care needs and provision.
Is this power likely to change in future?
Since becoming permanent after the National Trial, it's part of the standing legal framework, though future reform could affect it.
This article is for general information only and does not constitute legal advice. Access to Justice is not a law firm and cannot represent you.