Purpose

The First-tier Tribunal (FTT) has issued a legally binding order requiring the Local Authority to place child F 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 F receives the provision determined essential for their educational needs.
The setting will now be named on Child F’s EHCP from 7th 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 £29,000
The total expected placement cost until the end of Key Stage 4
is £145,000

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 ‘F’ 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 F‘s placement is court ordered
and the Local Authority must comply with the decision.