Upper Tribunal allows appeal in relation to maintenance of EHC Plan


Re: 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 by the young person”, contained errors on points of law.

David Wolfe QC was involved in this case.