London Borough of Camden v KT
[2023] UKUT 225 (AAC)
LC & Anor v Hampshire County Council
17 November 2023
[2023] UKUT 281 (AAC)
Upper Tribunal
A family disagreed with the school chosen for their child's special education plan. Even though the initial decision had a small legal mistake, the judge decided the overall outcome was correct because the school had a plan to help the child gradually get used to the new school. The family's appeal failed.
Key Facts
- •Appeal concerned a 13-year-old boy (O) with an EHC plan.
- •Appellants (parents) disagreed with the named school (C School), an independent special school.
- •Appellants wanted Section I of the plan left blank, for O to be educated outside of school.
- •First-tier Tribunal (FTT) amended sections of O's EHC plan, including naming C School in Section I.
- •Appeal to the Upper Tribunal (UT) focused on the legality of naming C School, given O's potential safety concerns and planned phased transition.
- •Appellants were initially unrepresented, later gaining pro bono counsel.
Legal Principles
Right of appeal against EHC plan provisions, including named school.
Children and Families Act 2014, s51
Test for appropriateness of a named school in an EHC plan (Section I): Is the school 'appropriate' for the child? (s40(2)(a))
Children and Families Act 2014, s40(2)(a)
Section I of the EHC plan must name the school 'to be attended' by the child (Regulation 12(1)(i)).
Special Educational Needs and Disability Regulations 2014, Regulation 12(1)(i)
Definition of 'attend' a school in the context of EHC plans; presence at school for at least part of the time is sufficient.
Isle of Wight Council v Platt [2017] UKSC 28, NN v Cheshire East Council [2021] UKUT 220 (AAC)
Outcomes
Appeal dismissed.
The Upper Tribunal found that while the FTT erred in applying the wrong legal test (using s39(4)(a) instead of s40(2)(a)), this error was not material. The UT considered that the FTT adequately addressed concerns regarding O's safety at C School through a phased transition plan, ultimately finding C School appropriate despite the initial misapplication of the legal test.