From April 2018 to August 2021, the SEND Tribunal National Trial tested the extended powers of the First-tier Tribunal Special Education Needs and Disability (SEND) Tribunal (‘the Tribunal’) to hear appeals and make non-binding recommendations about health and social care aspects of Education, Health and Care (EHC) plans, provided those appeals also include education elements.
An independent evaluation of the national trial found positive findings and on 20 July 2021, the Department for Education confirmed the extended powers given to the Tribunal will continue.
This guidance sets out the extended powers and duties in the Special Educational Needs and Disability (First-tier Tribunal Recommendations Power) Regulations 2017.
It explains how the appeal process will work, what happens if recommendations are not followed and the support available for commissioners and families.
Further guidance and support for the trial can be found in the SEND national trial toolkit.