Court: Upper Tribunal (Administrative Appeals Chamber)

Upper Tribunal allows appeal in relation to special education provision of speech and language therapy

GK v North Somerset Council [2018] UKUT 259 (AAC)

This was an appeal centring on the making of special educational provision outside term time. The appellant brought the appeal on two grounds: 1) that the First-tier Tribunal had erred in determining that special educational provision (in this instance speech and language therapy) is limited to provision in term time and 2) the Tribunal also […]

Upper Tribunal allows appeal in relation to maintenance of EHC Plan

B & M v Cheshire East Council [2018] UKUT 232 (AAC)

This appeal considered a decision by the local authority not to maintain the claimant’s EHC Plan, for their severely disabled child. The Tribunal allowed the appeal having found that the First-tier Tribunal’s “approach to the question whether a day care placement, funded by the authority’s adult social department, would deliver the special educational provision required […]

Tribunal entitled to specify independent school in EHC plan

London Borough of Hillingdon v SS & Ors (SEN) [2017] UKUT 0250 (AAC)

The Court held that the ability of a local authority or first-tier tribunal to specify a school or institution under the Children and Families Act 2014, s 40(2) was not restricted to those listed in s 38(3).

Cost of prosecuting parent doesn’t fall under the Education Act 1996, s 9

LB Richmond upon Thames v AC (SEN) [2017] UKUT 0173 (AAC)

X’s mother wanted her to attend an independent special school A, whereas the local authority considered that school H, a maintained mainstream school, was suitable and that whilst school A would meet X’s needs, it would constitute unreasonable public expenditure. Held that the Education Act 1996, s9 does not require the cost of a prosecuting a parent who breaches school attendance legislation to be taken into account.