‘Children with special needs who have been excluded from schools for aggressive behaviour linked to their condition are being discriminated against, a judge has ruled.’
The Guardian, 14th August 2018
Source: www.theguardian.com
‘A High Court judge has quashed Bristol City Council’s decision to reduce spending on special educational needs and disabilities (SEND) by £5m.’
Local Government Lawyer, 6th August 2018
Source: www.localgovernmentlawyer.co.uk
‘A Welsh council has won an appeal over whether former teachers were entitled to be paid SEN (Special Educational Needs) allowance under their contracts. The Employment Tribunal had held that the conditions for entitlement were satisfied in each case, and accordingly, that Swansea City Council’s failure to pay SEN allowance was a breach of contract.’
Local Government Lawyer, 2nd May 2018
Source: www.localgovernmentlawyer.co.uk
‘Mother tells of academy that seemed to care more about its behaviour policy than her son’s education’
The Guardian, 20th March 2018
Source: www.theguardian.com
‘The First-tier Tribunal has upheld a council’s refusal to hand over information on its handling of a review into its dealings with a law firm that caused an uproar by sending out a series of tweets appearing to gloat over defeating cases brought by parents of children with special educational needs.’
Legal Futures, 13th March 2018
Source: www.legalfutures.co.uk
‘The Local Government and Social Care Ombudsman is upholding about 80% of complaints it investigates about Education and Health Care Plans (EHCPs), it has been revealed.’
Local Government Lawyer, 8th March 2018
Source: www.localgovernmentlawyer.co.uk
‘The First Tier Tribunal made a legal error in a case concerning which school a child with special needs should attend, but not one so serious that it required its decision to be set aside, an Upper Tribunal judge has ruled.’
Local Government Lawyer, 13th December 2017
Source: www.localgovernmentlawyer.co.uk
‘The Local Government and Social Care Ombudsman has criticised Essex County Council for failing to provide suitable education to a boy with special educational needs (SEN) for two terms after he stopped attending his special school.’
Local Government Lawyer, December 2017
Source: www.localgovernmentlawyer.co.uk
‘The Local Government and Social Care Ombudsman has criticised a London borough over repeated failures in relation to a boy with special educational needs, in a case where at one stage a council decision-making may have acted illegally when it withdrew support.’
Local Government Lawyer, 14th September 2017
Source: localgovernmentlawyer.co.uk
‘A 21-year-old man has agreed to accept £165,000 in compensation and costs from Cornwall Council in an out-of-court settlement after claiming that he suffered educational neglect.’
Local Government Lawyer, 31st August 2017
Source: www.localgovernmentlawyer.co.uk
‘A London borough has agreed to pay out more than £10,000 after an investigation by the Local Government and Social Care Ombudsman into how a grandmother was left without respite for two years.’
Local Government Lawyer, 13th July 2017
Source: localgovernmentlawyer.co.uk
‘he lawyer who sent a series of tweets gloating at a tribunal victory over parents who were trying to get specialist support for an autistic child has been given an official rebuke by the Solicitors’ Regulation Authority.’
The Guardian, 2nd November 2016
Source: www.guardian.co.uk
‘In SG v Denbighshire County Council and B (SEN) (Special Educational Needs: Special Educational Provision – naming school) [2016] UKUT 460 (AAC), the Upper Tribunal gave guidance on the approach to be taken where parents cannot agree on the choice of school to be named in Part 4 of a statement of special educational needs (“the Statement”).’
Education Blog, 31st October 2016
Source: www.education11kbw.com
‘This paper seeks to outline:
a. Local Authority (“LA”) obligations to provide care or other services to children under the Children Act 1989 and the Chronically Sick and Disabled Persons Act 1970
b. LA obligations under the Children and Families Act 2014 in relation to special educational needs and disability.’
Byrom Street Chambers, 14th June 2016
Source: www.byromstreet.com
‘Parents of children with special educational needs and disabilities are taking legal action against an academy trust for proposing to bus their children from a well-performing school to a worse alternative because of limited resources.’
The Guardian, 2nd June 2016
Source: www.guardian.co.uk
The Upper Tribunal has considered how the First-tier Tribunal should approach expert evidence about special educational needs and provision: The Royal Borough of Kensington and Chelsea v CD [2015] UKUT 0396 (AAC).
Education Law Blog, 19th August 2015
Source: www.education11kbw.com
‘First up, MA v Borough of Kensington and Chelsea (SEN) [2015] UKUT 0186 (AAC). In this judgment, the Upper Tribunal considers the legal status of an ASD unit within a mainstream school.’
Education Law Blog, 31st May 2015
Source: www.education11kbw.com
‘The claim was brought by a 15-year-old school girl with a range of medical problems and a statement of special educational needs which named an independent school 27 miles from her home. The local authority accepted that she was an eligible child entitled to free school transport under section 508B of the Education Act 1996, which duty it discharged by providing a taxi service shared with other pupils. That service took her to and from school at the beginning and end of the normal school day. She asked for this arrangement to be varied in two respects: (1) to take her from home to school later than usual when she arrived back there from the frequent medical appointments she required, and (2) to take her from school to home later than usual on certain days to enable her to attend after-school clubs.’
Education Law Blog, 9th April 2015
Source: www.education11kbw.com
‘The introduction of EHC plans for some 16-25 year olds was one of the most important changes to SEN in the Children and Families Act 2014. Under the previous regime, a special educational needs statement could not provide for a young person to attend further education or higher education. Even if the child remained in a school setting post-16, the statement would lapse (if the local authority had not already ceased to maintain it) when the young person turned 19, although the local authority could choose to maintain it until the end of that academic year. Young people with learning difficulties and/or disabilities who were moving into further education, training or higher education received instead a learning difficulties assessment. This assessment would result in a written report of their educational and training needs and the provision required to meet them (“the LDA”). Any challenge to an LDA was by way of judicial review (as, in contrast to the position for challenges to the contents of SEN statements, there was no statutory right of appeal to the tribunal). That is all changing, with the introduction of EHC plans, which can continue until the young person reaches the age of 25, which can include further education provision (but still not higher education) and which can be appealed to the tribunal. Whilst EHC plans were introduced on 1 September 2014, there is a fairly lengthy transition period and so LDAs will be with us for a little longer yet.’
Education Law Blog, 16th December 2014
Source: www.education11kbw.com
‘These regulations will come into force on 1 September 2014. They basically extend the current pilot scheme for personal budgets to all local authorities and apply it to the new Education Health and Care Plans regime. I posted back in 2012 about the pilot scheme and these new regulations make very few changes to the substance of that scheme.’
Education Law Blog, 28th June 2014
Source: www.education11kbw.com
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