Case Reports

 

Appealing a decision by the First-tier Tribunal (FTT) - how far does the Tribunal have to explain the reasons for its decision? Clarity provided in ME v London Borough of Southwark [2017] UKUT 73 (AAC)

The Upper Tribunal (UT) in this case allowed an appeal against a decision of the FTT, finding that it had not fully explored the relationship between ss 33 and 39 of the Children and Families Act 2014 (CFA) and had not adequately explained how and why the...

MG v Cambridgeshire County Council (SEN) - [2017] UKUT 0172 (AAC)

An interesting case providing clarity on when an order of costs can be made. It is hoped that the decision will deter local authorities (LA) from prolonging appeals which should rightly be concluded swiftly because they have no prospect of a reasonable...

Amendments to Section E of an Education, Health & Care Plan (EHCP) - P v Worcestershire County Council (SEN) [2017] UKUT 92 (AAC)

The Upper Tribunal (UT) found that the First-tier Tribunal (FTT) had made an error in dismissing a young person’s appeal against the content of an EHCP without ordering amendments to make the Plan workable. The appeal concerned a young person,...

Another appeal exploring EHCPs and young adults - Gloucester County Council v EH (SEN) [2017] UKUT 85 (AAC)

This case concerns the obligation of local authorities (LA) in England under the Children and Families Act 2014 (CFA) in relation to young people (aged under 25 years and over compulsory school age and with special educational needs (SEN). The appeal In...

EHCPs - guidance from the Upper Tribunal about the EHC needs assessment and higher education

The Royal Borough of Kensington & Chelsea v GG (SEN) [2017] UKUT 141 (AAC) The case concerns an appeal by ‘G’ against the local authority’s (LA) decision to refuse to carry out an EHC needs assessment under s36 (3) Children and...

When is an Education Health and Care Plan (EHCP) necessary?

The judgment of the Upper Tribunal in  Hertfordshire County Council v MC and KC (SEN) (Special educational needs : Failure to make a statement)  has been released. This case the question of when an EHCP is necessary. This case is an appeal...

What goes into a Statement of Special Educational Needs?

At a time when special educational need provision is moving away from  Statement of Special Educational Needs (SSEN)  to  Education Health and Care Plan (EHCP) , you could be forgiven for thinking that SSENs were understood. Unfortunately,...

What happens when a Local Authority cuts funding half way through a course

The case of R (C) v Westminster City Council (2015) has just been reported. Unfortunately, we have not been able to locate the case on free databases and, as yet, have not received the full citation. The case concerns a judicial review of a...

SEN expert evidence - Guidance from the Upper Tribunal

The Upper Tribunal has provided guidance on how the  Special Educational Needs and Disability Tribunal  should approach expert evidence when there is conflicting advice. The guidance for how expert evidence should be considered by the Special...

Problems with residential and hospital schools

Today the decision of  Re: D (A Child ; deprivation of liberty)  has been published.  This case is relevant for all children under 16 in residential school placements. Background f The child (D) in this case has complex  special...
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