On 20 July 2021, the Department for Education confirmed the extended powers given to the special educational needs and disability (SEND) 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 included education elements, will continue.
These extended powers are currently being tested under a national trial, which began in April 2018. The trial will end on 31 August 2021 and the powers will continue.
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.