L, R (on the application of) V Hampshire County Council
[2024] EWHC 1928 (Admin)
W, R (on the application of) v Hertfordshire County Council
8 December 2023
[2023] EWHC 3138 (Admin)
High Court
A dad sued the council because they took too long to assess his daughter for special needs help. The court agreed the council broke the law by being too slow. The dad also claimed the council's whole system was broken, but that part of the case will be looked at later.
Key Facts
- •W's father (Claimant) challenged Hertfordshire County Council's (Local Authority) failure to assess W for special educational needs (SEN) under the Children and Families Act 2014.
- •The Local Authority initially refused the assessment, citing W's age-appropriate reading level and behavioral issues.
- •The Claimant appealed to the First-Tier Tribunal (FTT), and before the hearing, the Local Authority conceded and agreed to the assessment.
- •The Local Authority failed to complete the assessment within the 20-week statutory timeframe.
- •The Claimant also alleged systemic unlawfulness in the Local Authority's SEN assessment processes.
- •The Local Authority admitted breaching statutory duty but attributed delays to resource constraints, specifically a shortage of educational psychologists.
Legal Principles
A parent can request an assessment if their child 'may' have SEN. This is a low threshold.
Children and Families Act 2014, section 36(1), (3)
If assessment is refused, the Local Authority must provide reasons.
Children and Families Act 2014, section 36(5)
An EHC needs assessment must be secured if the child has or may have SEN, and special educational provision may be necessary.
Children and Families Act 2014, section 36(8)
Appeals against refusal of assessment go to the FTT under section 51(2)(a).
Children and Families Act 2014, section 51(1), (2)(a)
A finalised EHC plan must be completed within 20 weeks of the assessment request.
Special Educational Needs and Disability Regulations 2014, Regulation 2(2)
Failure to meet the 20-week deadline constitutes unlawful action, subject to limited exceptions.
Special Educational Needs and Disability Regulations 2014, Regulation 10(4)
Breach of statutory duty in SEN assessments can be challenged via judicial review if no alternative remedy exists.
Case law precedent (implied)
Outcomes
Declaration that the Local Authority acted unlawfully by failing to complete the EHC plan within 20 weeks.
The Local Authority admitted the breach and the court found no alternative remedy through the FTT.
Adjournment of the systemic challenge for 28 days to allow the Claimant to seek legal advice and amend his claim.
The systemic challenge was not fully developed or responded to by the Local Authority.
Transfer of the Claimant's damages claim to the Watford County Court for adjudication in the Small Claims court.
The damages claim is relatively modest, and this is a more appropriate forum.
Similar Cases
HXN, R (on the application of) v London Borough of Redbridge
[2024] EWHC 443 (Admin)
SK, R (on the application of) v Royal Borough of Windsor and Maidenhead
[2024] EWHC 158 (Admin)
RJ, R (on the application of) v Devon County Council
[2023] EWHC 961 (Admin)
TS, R (on the application of) v The London Borough of Hackney
[2023] EWHC 3063 (Admin)