Judge rejects challenge to council declining to conduct EHC assessment – Local Government Lawyer

Posted March 5th, 2024 in local government, news, special educational needs, young persons by tracey

‘The High Court has rejected a challenge against a council’s decision not to undertake an education, health and care (EHC) needs assessment, after the local authority had expressed the view that the claimant was aged approximately 10 years older than his claimed age of 17.’

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Local Government Lawyer, 4th March 2024

Source: www.localgovernmentlawyer.co.uk

Council told to pay £15k after failings led to child missing education for two years – Local Government Lawyer

Posted February 13th, 2024 in compensation, families, local government, news, ombudsmen, special educational needs by tracey

‘The Local Government and Social Care Ombudsman has called on North Northamptonshire Council to pay nearly £15,000 after the local authority’s failings led to a child missing out on education for two years.’

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Local Government Lawyer, 12th February 2024

Source: www.localgovernmentlawyer.co.uk

Derby City Council to pay compensation over SEND student delays – BBC News

‘Derby City Council has been ordered to pay thousands in compensation after it took too long to arrange alternative education for a special needs student.’

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BBC News, 14th January 2024

Source: www.bbc.co.uk

South Gloucestershire families needing respite care failed by council – BBC News

‘Almost a third of families with SEND children needing respite care have been failed by a council, according to a watchdog.’

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BBC News, 12th November 2023

Source: www.bbc.co.uk

Review into 50-year-old laws on social care for disabled children – Law Commission

‘Law Commission aims to simplify and strengthen the law, allowing children with disabilities to access the support they need. The review will ensure the law is fair, modern and accessible, works for parents, care givers and local authorities.’

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Law Commission, 17th October 2023

Source: www.lawcom.gov.uk

Local authority challenges Tribunal costs awards decision following specialist school legal battle – Local Government Lawyer

‘East Sussex County Council has submitted a request for permission to appeal a decision ordering it to pay school fees costs to the family of a young autistic boy.’

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Local Government Lawyer, 29th September 2023

Source: www.localgovernmentlawyer.co.uk

Councils accused of “wasting” £60m in a year on tribunal battles over support for children with special educational needs – Local Government Lawyer

‘Councils wasted £60 million in a year on “unsuccessful court disputes” with parents and carers seeking support for children and young people with special educational needs and disabilities (SEND), according to research by Pro Bono Economics, commissioned by the Disabled Children’s Partnership.’

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Local Government Lawyer, 27th September 2023

Source: www.localgovernmentlawyer.co.uk

Councils ‘wasting millions’ on special educational needs legal disputes – The Independent

‘Councils in England have been accused of “wasting” millions of pounds in court disputes with parents and carers over disability and educational support for their children.’

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The Independent, 26th September 2023

Source: www.independent.co.uk

Administrative Justice Council makes recommendations on improving local authority SEND decisions – Local Government Lawyer

‘The Administrative Justice Council (AJC) has set out recommendations to improve the quality of local authority decision-making for children and young people with special educational needs and disabilities (SEND).’

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Local Government Lawyer, 21st August 2023

Source: www.localgovernmentlawyer.co.uk

High Court rejects challenge over SEND, transgender needs and Public Sector Equality Duty – Local Government Lawyer

‘The High Court has rejected a claim brought by a transgender young person that the defendant council failed to comply with the Public Sector Equality Duty regarding his needs as a transgender person with an Education, Health and Care Plan (EHCP).’

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Local Government Lawyer, 21st August 2023

Source: www.localgovernmentlawyer.co.uk

Council fails in Upper Tribunal appeal over mentoring support during non-term time periods – Local Government Lawyer

‘The Upper Tribunal has found that a decision made by the First-tier Tribunal regarding autism mentoring support during non-term time periods did not involve an error on a point of law.’

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Local Government Lawyer, 21st August 2023

Source: www.localgovernmentlawyer.co.uk

Supporting pupils with ADHD in school – Local Government Lawyer

‘Laura Martin and Theresa Kerr provide a legal perspective on how pupils with ADHD can be supported in school.’

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Local Government Lawyer, 18th July 2023

Source: www.localgovernmentlawyer.co.uk

Children’s Commissioner for England calls for “radical rehaul” of SEND system as demand for Education, Health and Care Plans reaches new highs – Local Government Lawyer

‘The Children’s Commissioner, Dame Rachel de Souza, has called for a “radical rehaul of the SEND system” and “swift implementation of the SEND Improvement Plan” after recent data from the Department for Education showed that nearly 1.2 million children in England have special educational needs support without an Education, Health and Care plan (EHCP), up 4.7% in 2022.’

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Local Government Lawyer, 4th July 2023

Source: www.localgovernmentlawyer.co.uk

R (Milburn) v Local Government and Social Care Ombudsman – St John’s Buildings

‘In R (Milburn) v Local Government and Social Care Ombudsman [2023] EWCA Civ 207, the Court of Appeal upheld the decision of HHJ Sephton KC (sitting as a Deputy Judge of the High Court) that the Claimant’s complaints regarding the local authority’s conduct in an appeal before the First-Tier Tribunal (Special Educational Needs and Disability) well within the remit of the Tribunal, and therefore fell outside of the Ombudsman’s jurisdiction due to s.26(6) of the Local Government Act 1974.’

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St John's Buildings, 15th March 2023

Source: stjohnsbuildings.com

The SEND and AP Improvement Plan: does it go far enough? – Local Government Lawyer

‘Sarah Davidson sets out the key elements of the SEND and AP Improvement Plan published by the Department for Education earlier this month.’

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Local Government Lawyer, 24th March 2023

Source: www.localgovernmentlawyer.co.uk

Black people labelled ‘backward’ as children seek justice for lifelong trauma – The Guardian

‘Black people wrongly labelled “educationally subnormal” as children in the UK before being sent to special schools have launched a campaign demanding an apology and compensation from the government.’

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The Guardian, 21st February 2023

Source: www.theguardian.com

Ministry of Justice widens scope of legal aid to cover looked-after children with SEN – Local Government Lawyer

‘The Ministry of Justice has changed the law so that foster parents and approved prospective adopted parents bringing SEND appeals on behalf of a looked-after child will “not be means assessed”.’

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Local Government Lawyer, 14th February 2023

Source: www.localgovernmentlawyer.co.uk

Council told to pay over £7k after failing to provide alternative education for autistic boy – Local Government Lawyer

‘An investigation by the Local Government and Social Care Ombudsman has found that Oxfordshire County Council failed to provide alternative education for a boy with autism for a year.’

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Local Government Lawyer, 15th December 2022

Source: www.localgovernmentlawyer.co.uk

Children and Families Act 2014 has failed to improve lives of children and young people, peers find – Local Government Lawyer

Posted December 7th, 2022 in children, families, inquiries, news, reports, special educational needs by sally

‘A lack of focus on implementing and monitoring the impact of the Children and Families Act 2014, despite it being envisaged as a “landmark piece of legislation”, has led to the Act being “a largely missed opportunity”, a House of Lords committee has concluded in a report.’

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Local Government Lawyer, 6th December 2022

Source: www.localgovernmentlawyer.co.uk

Safeguarding children with disabilities in residential settings – Family Law

‘A national review into safeguarding children with disabilities and complex health needs has revealed serious failures at residential special schools registered as children’s homes.’

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family Law, 25th November 2022

Source: www.familylaw.co.uk