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Court of Appeal orders local authority to compensate for the non-inclusion of educational placement costs in a Care Act 2014 personal budget

Related Member(s):
David Wolfe QC
Related Practice Area(s):
Local Government Law, Education Law

In R (CP) v North East Lincolnshire Council [2019] EWCA Civ 1614, the Court of Appeal has held that CP’s Care Act 2014 personal budget did not include the cost of attendance at an agreed educational placement was a “clear breach” of that Act and of statutory guidance, which she could challenge by judicial review despite an FTT appeal relating to overlapping issues in her Children and Families Act 2014 Education and Health Care Plan. The Council was liable to compensate her for her accrued right to the cost in question.

David Wolfe QC was instructed by Sinclairs Law for the appellant.

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