A Local Authority v GP (Capacity – care, support and education) [2020] EWCOP 56 – 3PB

‘This was the first time that the Court of Protection had been asked to identify the relevant specific decisions that GP had to be able to make in relation to the aforementioned issues within the meaning of s3(1) and 15(1)(a) of the Mental Capacity Act 2005 (“the 2005 Act”) and to consider what the relevant information in respect of each of those decisions was that GP must have been able to understand, retain, use or weigh in accordance with s3(1) of the 2005 Act.’

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3PB, November 2020

Source: www.3pb.co.uk

The Additional Learning Needs and Education Tribunal (Wales) Act 2018: An update – 3PB

Posted November 10th, 2020 in education, legislation, news, special educational needs, tribunals, Wales by sally

‘Two key events have taken place in the last week in relation to The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (“the 2018 Act”): the publication of a commencement order and the publication of the Additional Learning Needs Co-ordinator (Wales) Regulations. This article considers both documents, concluding that, based on the limited information available they do not help clarify the confusion amongst practitioners as to the details of the forthcoming special needs regime in Welsh schools.’

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3PB, 4th November 2020

Source: www.3pb.co.uk

Sheffield City Council failed boy with special educational needs – BBC News

‘A council has been told to pay a boy with special educational needs £20,000 because it failed to provide a suitable alternative education for him.’

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BBC News, 5th November 2020

Source: www.bbc.co.uk

Parents win fresh hearing in dispute over school named in EHC plan – Local Government Lawyer

‘The Upper Tribunal Administrative Appeals Chamber has ordered that a reconstituted panel of the First Tier Tribunal (FTT) should hear a dispute between the London Borough of Croydon and the parents of Child G over which school he should attend.’

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Local Government Lawyer, 26th August 2020

Source: www.localgovernmentlawyer.co.uk

Claimants vow to appeal after High Court dismisses challenge over “downgrading” during pandemic of rights of children with SEN – Local Government Lawyer

‘A High Court judge has dismissed a legal challenge to the Education Secretary’s decisions to reduce the obligations on local authorities to make statutory educational and health care provision for children and young people with special educational needs and disabilities in England during the pandemic.’

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Local Government Lawyer, 19th August 2020

Source: www.localgovernmentlawyer.co.uk

Upper Tribunal rejects appeal by county council over naming of school for child with special educational needs – Local Government Lawyer

‘Worcestershire County Council has lost an Upper Tribunal case over which school a child with special educational needs should attend.’

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Local Government Lawyer, 30th July 2020

Source: www.localgovernmentlawyer.co.uk

Down’s Syndrome student wins compensation after school sent letter to parents detailing violent behaviour – Daily Telegraph

‘The family of a child with Down’s Syndrome has been awarded compensation after a primary school sent a letter to parents detailing her violent behaviour and disability.’

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Daily Telegraph, 4th May 2020

Source: www.telegraph.co.uk

London council’s special needs inquiry caused by ‘systemic failures’ – BBC News

‘At least 5,000 children seeking special educational needs support (Send) are to have their cases reviewed after a London council landed a stinging rebuke from the local government ombudsman. Concerns about “systemic failures” in Richmond’s Send department prompted the watchdog to take the highly unusual step of ordering the full-scale audit.’

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BBC News, 17th January 2020

Source: www.bbc.co.uk

Education Newsletter – 39 Essex Chambers

‘The Winter edition of 39 Essex Chambers’ Education Newsletter is now available.’

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39 Essex Chambers, November 2019

Source: www.39essex.com

Marshalling evidence in special educational needs cases – Local Government Lawyer

Posted November 8th, 2019 in evidence, learning difficulties, news, special educational needs by tracey

‘John Roberts reports on a successful result obtained by a local authority in the Special Educational Needs Tribunal.’

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Local Government Lawyer, 8th November 2019

Source: www.localgovernmentlawyer.co.uk

Families lose challenge over special-needs funding – BBC News

Posted October 8th, 2019 in budgets, disabled persons, judicial review, news, special educational needs by tracey

‘Three families who challenged the government over its approach to special needs and disability (Send) funding have lost their case at the High Court.’

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BBC News, 7th October 2019

Source: www.bbc.co.uk

‘Unprecedented’ level of special needs complaints upheld – BBC News

‘Breaches of children’s legal right to have special educational needs support have reached unprecedented levels, says an official complaints body. England’s local government ombudsman said not only had there been a spike in complaints, but nine out of 10 of them were upheld in 2018-19.’

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BBC News, 4th October 2019

Source: www.bbc.co.uk

Law firm secures five-figure payout for survivor of abuse at council-managed residential school – Local Government Lawyer

‘Law firm Leigh Day has said that it has won a five-figure sum in compensation for a survivor of abuse at Swaylands School.’

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Local Government Lawyer, 12th September 2019

Source: www.localgovernmentlawyer.co.uk

Mum’s legal action over autistic son’s Bristol college place – BBC News

Posted September 12th, 2019 in autism, local government, news, special educational needs, video recordings by tracey

‘The mother of a severely autistic man is taking legal action after a BBC film showing him learning to shop was used to assess him for a college placement.’

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BBC News, 12th September 2019

Source: www.bbc.co.uk

SEND reforms have “failed to make system less adversarial for parents” – Local Government Lawyer

Posted September 4th, 2019 in budgets, children, disabled persons, news, special educational needs by sally

‘A key aim of the SEND (special educational needs and disability) reforms introduced in England five years ago – to make the system feel less adversarial for parents – has not been achieved in relation to children with speech, language and communication needs (SLCN), it has been claimed.’

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Local Government Lawyer, 3rd September 2019

Source: www.localgovernmentlawyer.co.uk

Parents win funding to mount legal challenge over school closure – The Guardian

Posted August 20th, 2019 in legal aid, news, school children, special educational needs by sally

‘Parents shocked by the sudden closure of a residential unit at a special needs school in Bristol, which resulted in children with severe and complex learning difficulties having to move out, have won legal aid funding to investigate a possible challenge to the lawfulness of the decision.’

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The Guardian, 19th August 2019

Source: www.theguardian.com

Council defeats judicial review challenge over changes to school transport and SEN transport policies – Local Government Lawyer

‘Leicestershire County Council has defeated a High Court challenge brought by a 17-year-old, severely disabled girl over proposed changes to its school transport policies.’

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Local Government Lawyer, 22nd July 2019

Source: www.localgovernmentlawyer.co.uk

Hackney defeats High Court challenge to approach on SEN funding and Education and Health Care Plans – Local Government Lawyer

Posted April 15th, 2019 in judicial review, local government, news, special educational needs by michael

‘A High Court judge has rejected claims that Hackney Council’s policies on Special Educational Needs and Disability, including a reduction in its expenditure on SEND, were unlawful.’

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Local Government Lawyer, 12th April 2019

Source: www.localgovernmentlawyer.co.uk

Council withdraws decision to close special schools after legal challenge – Local Government Lawyer

Posted March 28th, 2019 in judicial review, local government, news, special educational needs by sally

‘Wiltshire Council has agreed to withdraw its decision to approve the closure of three special schools and a related notice regarding the opening of a new special school, following legal action from a group of families.’

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Local Government Lawyer, 26th March 2019

Source: www.localgovernmentlawyer.co.uk

High Court sets June date for judicial review hearing over SEND funding policy – Local Government Lawyer

Posted March 6th, 2019 in budgets, judicial review, news, special educational needs by sally

‘A High Court judge has granted three families permission to bring a judicial review challenge over the Government’s special education needs (“SEND”) funding policy.’

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Local Government Lawyer, March 2019

Source: www.localgovernmentlawyer.co.uk