Purpose

The First-tier Tribunal (FTT) has issued a legally binding order
requiring the Local Authority to place child J at the named
independent school. The Local Authority must comply with this
ruling and secure the provision specified in the EHCP under
Section 42 of the Children and Families Act 2014. As the
placement has been mandated through the statutory EHC
tribunal process at the behest of the service user, rather than
selected by the Local Authority, it qualifies as a User Choice
Contract under the Procurement Act 2023, meaning
competitive procurement is neither required nor permissible.
Approval is therefore necessary to meet statutory duties, avoid
legal non-compliance, and ensure that Child J receives the
provision determined essential for their educational needs.
Lincoln Minster School will now be named on Child J’s EHCP
from 1
st September 2026 until 31st August 2031. The placement
will be reviewed for suitability at the end of Key Stage 4
The annual contracted value is £20,857
The total expected placement cost until the end of Key Stage 4
is £104,286

Decision

That the Executive Director of Children’s Services, in
consultation with the Executive Councillor for Children’s
Services, approves the direct award of a contract to the chosen
setting for Child ‘J’ under ‘User Choice Contracts’, which is
provided for under the Procurement Act 2023 (PA23), and
supports the Local Authority’s statutory duty to maintain
suitable education under Section 42 Children and Families Act
(CFA) 2014 and Section 19 Education Act (EA) 1996.

Alternative options considered

• Do nothing – would breach the ruling of the FTT and the
Local Authority’s statutory duty to maintain suitable
education under Section 42 CFA 2014 and Section 19 EA
1996
• Run a procurement – Child J‘s placement is court ordered
and the Local Authority must comply with the decision.