[2024] UKUT 166 (AAC)

Section D of an EHC plan sets out the child’s “social care needs which relate to their special educational needs or to a disability” (regulation 12(1)(d) Special Educational Needs and Disability Regulations 2014)

Section H2 sets out “any other social care provision reasonably required by the learning difficulties or disabilities which result in the child … having special educational needs” (regulation 12(1)(h)(ii) of those regulations). “Social care provision” means the provision made by a local authority in the exercise of its social services functions (s21(4)).

In an appeal such as the Appellant’s, the tribunal had the power to recommend that Sections D and/or H2 of S’s EHC plan be amended or that certain social care needs or social care provision be specified (regulations 4 and 5 Special Educational Needs and Disability (First-tier Tribunal Recommendations Power) Regulations 2017).