s42 - Breach Non delivery of provision Section F
Hi, Please can you advise when the LA could potentially be in breach of s42 non delivery of provision in Section F. Do other LA's start provision from the date the Consent Order was signed by both parties or when the Tribunal issues their final order? Our experience is there is a long delay getting the tribunal's final order back. Thanks
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Regulation 44 of the 2014 Regulations (SI 2014/1530) sets out time limits for complying with orders of the tribunal all of which are measured from when the order is made. So for section F it is "within 5 weeks of the order being made". So to answer the question, that time period runs from the date of the order of the tribunal and not any earlier consent order. But it is open to the LA to agree to issue (or just go ahead and issue) the amended plan at an earlier date and if it does so then the statutory duty to secure the provision in an EHCP will obviously kick in from that earlier date. If the settlement agreement provides for the appeal to be withdrawn rather than a final order being made by the tribunal, then to avoid any confusion or uncertainty it should specify by when the amended EHCP will be issued, at which point the statutory duty to secure it will arise as just mentioned.