Regulation 58 Compliance with tribunal panel orders - appealsI1
England and Wales
If the tribunal panel, following its decision in relation to an appeal, makes an order under section 71 of the 2018 Act requiring a local authority or FEI governing body to perform the actions referred to in paragraph (2) the local authority or FEI governing body must perform the actions within the time period specified in paragraph (2).
In the case of an order—
against a local authority to prepare an individual development plan, it must prepare and give a copy of the individual development plan to the child, child’s parent or young person within 7 weeks;
against a FEI governing body to prepare an individual development plan, it must prepare and give a copy of the individual development plan to the young person within 35 term time days;
against a local authority to revise an individual development plan, it must revise the individual development plan and give a copy of it to the child, child’s parent or young person within 7 weeks;
against an FEI governing body to revise an individual development plan, it must revise the individual development plan and give a copy of it to the young person within 35 term time days;
to continue to maintain an individual development plan (with or without revisions), with immediate effect;
against a local authority to take over responsibility for maintaining an individual development plan, beginning with the date specified by the tribunal;
against a local authority to review an individual development plan, it must undertake the review and notify the child, child’s parent or young person of the outcome of the review, in writing, within 7 weeks;
against an FEI governing body to review an individual development plan, it must undertake the review and inform the young person of the outcome of the review, in writing within 35 term time days;
to remit the case to the local authority responsible for the matter for it to reconsider whether, having regard to any observations made by the tribunal, it is necessary for a different decision to be made or a different action to be taken, the local authority must do so, and notify the child, child’s parent or young person of the outcome of that reconsideration within 7 weeks;
to remit the FEI governing body responsible for the matter for it to reconsider whether, having regard to any observations made by the tribunal, it is necessary for a different decision to be made or a different action to be taken, the FEI governing body must do so, and notify the child, child’s parent or young person of the outcome of that reconsideration within 35 term days.
If the tribunal panel, following its decision in relation to an appeal, makes an order under section 73 of the 2018 Act requiring a home authority to perform an action referred to in paragraph (4), the home authority must perform that action within the time period specified in paragraph (4).
In the case of an order—
to prepare an individual development plan, it must prepare and give a copy of the individual development plan to the child, child’s parent or young person within 7 weeks;
to revise an individual development plan as specified in the order, it must revise the individual development plan and give a copy of it to the child, child’s parent or young person within 7 weeks;
to remit the case to the home authority responsible for the matter for it to reconsider whether, having regard to any observations made by the tribunal, it is necessary for a different decision to be made or different action to be taken, it must do so and notify the child, child’s parent or young person of the outcome of that reconsideration within 7 weeks.
In each case in paragraphs (2) and (4), unless otherwise specified, the period begins with the first working day after the order was made.
Where an order is made in respect of an FEI governing body, a “term time day” means a day on which the further education institution is due to meet for the purpose of teaching students, provided that day is within a time period in which the further education institution delivers the majority of its full-time courses.