Court: Upper Tribunal (Administrative Appeals Chamber)

Duty to specify and make provision for meeting special educational needs

ME v London Borough of Southwark [2017] UKUT 0073 (AAC)

The case concerned the education, health and care plan of O due to his transfer to secondary education. The local authority named a special school in his plan, S school, but the parents preferred SHC school, which was mainstream. The Upper Tribunal held that the previous tribunal erred in law and the case needed to be reheard.

The First-tier Tribunal had not erred in finding that an EHC Plan for a young person was necessary

Buckinghamshire County Council v SJ (Special educational needs: Other) [2016] UKUT 254 (AAC)

The Upper Tribunal considered preliminary issues surrounding the legal capacity of young persons, where appeals under the Children and Families Act 2014, s 51 against special educational provision were concerned. It also held that the First-tier Tribunal had not erred in directing a local authority to issue a plan making special educational provision for a young person, under s 36 of the 2014 Act.