Purpose

The First-tier Tribunal has issued a legally binding order requiring the Local Authority to place child B 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 process 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 B receives the provision determined essential for their educational needs.
The setting will now be named on Child B’s EHCP from 9th March 2026 – 31st August 2026.
The annual contract value for this placement is £184,650. The total contract value is £73,860.00

Decision

That the Chief Officer (Executive Director of Children’s Services) approves the direct award of a contract to the chosen setting
for Child ‘B’ under ‘User Choice Contracts’, which is provided for
under the Procurement Act 2023 (PA23)

Alternative options considered

1. Do nothing – would breach the Local Authority’s statutory duty to maintain suitable education under Section 42 CFA 2014 and Section 19 EA 1996.
2. Run a Procurement – Child B ‘s placement is court ordered by FTT and the Local Authority must comply with the decision.