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Children and young people, Education, England, Health, Judicial review, Ombuds and reviewers, Social care, System design, Tribunals

New Tribunal powers for health and social care – key points from the guidance

Reposted from RightsinReality: Steve Broach provides a valuable explanation and analysis of the new guidance on the ‘single route of redress national trial’ extending the SEND Tribunal’s powers in relation to health and social care.

rightsinreality

So from April* the SEN and Disability Tribunal will have new powers to make ‘non binding recommendations’ on health and social care needs and provision in EHC Plans for disabled children and young people. There is an excellent overview of the Tribunal’s new powers on the Contact website.

This is potentially a very significant development, as previously the only legal remedy in these areas was judicial review. While judicial review can be a very effective remedy in serious and urgent cases and cases involving unlawful policies, it is not so effective in cases involving disputes as to the detail of care and support for children and young people. Whereas the Tribunal, with specialist judges and expert members, really can and does get deep into the detail of what a child or young person needs and what provision is required to meet those needs.

All good so far. But…(1)…

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