Purpose

The First-tier Tribunal (FTT) has issued a legally binding order requiring the Local Authority to place child D 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 D receives the provision determined essential for their educational needs.
The setting will now be named on Child D’s EHCP from 12th February 2026 until 31st August 2030. The placement will be reviewed for suitability between Key Stage 2 and Key Stage 3.
The annual contracted value is £27,010.
The total expected placement cost until the end of Key Stage 2
is £122,838.

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 ‘D’ under ‘User Choice Contracts’, which is provided for under the Procurement Act 2023 (PA23), and supports the Local Authority to meet its 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

n/a