LAW AND EDUCATION

IPSEA provide a Noddy guide, which provides case law for appeals, EHCPs, the link is below: https://www.matrixlaw.co.uk/wp-content/uploads/2022/03/Noddy-Guide-2022-270222.pdf

Relevant Case Law:

Overlap between learning difficulty and disability: Herts CC v (1)MC and (2)KC (SEN)(2016)UKUT 0385 (AAC)

When is an EHC Plan necessary: Gloucs CC v EH (SEN)(2017) UKUT 85 (AAC)

Specificity in an EHC Plan: Worcestershire CC v SE (2020) UKUT 217 (AAC) & London Borough of Redbridge v HO (2020) UKUT 323 (AAC)

Unreasonable public expenditure: Hammersmith & Fulham LBC v (1) L and (2) F and (3) O

Lawful reasons for a LA not being able to comply with time limits during the EHC assessment process were discussed. The full list of these can be found in Regulations 5 (4), 10 (4) and 13 (3) of the Special Educational Needs and Disability Regulations 2014 (The ‘SEND Regs’).

Timescales for local authorities complying with Tribunal orders and their effect on overall timescales was discussed. The full list of timescales for compliance with Tribunal orders can be found in Regulations 44 and 45 of The SEND Regs.

Downloadable copies of The SEND Regs, along with the other legislation and guidance discussed during the training can be found on the IPSEA website here

Reasonable Steps To Prevent Incompatibility With The Efficient Education Of Others: Information on and examples of reasonable steps can be found in the SEND Code of Practice at paragraphs 9.91 – 9.94 (pages 175 – 178)

Statutory Guidance on Supporting Pupils with Medical Conditions: 

https://www.gov.uk/government/publications/supporting-pupils-at-school-with-medical-conditions-3