SEND Tribunal case law review – Local Government Lawyer
‘Jamie Jenkins looks at the lessons to be learned from the latest judgments from the SEND Tribunal.’
Local Government Lawyer, 5th November 2021
Source: www.localgovernmentlawyer.co.uk
Category: special educational needs
Parental responsibility: a short guide for local authority SEND teams – Local Government Lawyer
‘Grace-Mary Sweeney of LASEN explores the concept of parental responsibility, how it interacts with education law, and some practical implications for Local Authority SEND Teams.’
Local Government Lawyer, 15th October 2021
Source: www.localgovernmentlawyer.co.uk
Government faces legal challenge from pupil with SEN over “unfair” use of PCR testing in schools – Local Government Lawyer
‘The parents of a 15-year-old pupil with special educational needs and disabilities have instructed lawyers to challenge the lawfulness of government guidance to schools on Covid-19 testing, arguing that it should be urgently revised to enable pupils with disabilities to take less intrusive saliva tests.’
Local Government Lawyer, 28th September 2021
Source: www.localgovernmentlawyer.co.uk
First-Tier Tribunal SEN proceedings not unfair despite difficulties faced by hearing impaired mother, judge rules – Local Government Lawyer
‘A First-Tier Tribunal (Health, Education and Social Care Chamber) case was not conducted unfairly despite an appellant and a witness having difficulty in hearing the online proceedings, the Upper Tribunal Administrative Appeals Chamber has decided.’
Local Government Lawyer, 23rd September 2021
Source: www.localgovernmentlawyer.co.uk
Stubton Hall School: Deputy head David Taylor jailed for rape – BBC News
‘A deputy headmaster who raped and assaulted girls at a special needs school has been jailed.’
BBC News, 23rd August 2021
Source: www.bbc.co.uk
Parent succeeds on all six grounds in judicial review challenge over grant of planning permission for site next to school for special educational needs – Local Government Lawyer
‘The parent of a child who attends a Special Educational Needs school has won a judicial review challenge over Thanet Council’s grant of planning permission for an adjacent site.’
Local Government Lawyer, 19th July 2021
Source: www.localgovernmentlawyer.co.uk
High Court judge criticises failure by council to deliver EHC plan – Local Government Lawyer
‘Nottinghamshire County Council failed to adequately deliver a disabled child’s Education, Health and Care Plan (EHCP) the High Court has ruled.’
Local Government Lawyer, 27th May 2021
Source: www.localgovernmentlawyer.co.uk
Applications for review in Special Educational Needs Cases – Local Government Lawyer
‘What constitutes a change in “circumstances relevant to the decision”? Holly Littlewood considers the practical implications of a recent Upper Tribunal ruling.’
Local Government Lawyer, 14th May 2021
Source: www.localgovernmentlawyer.co.uk
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.’
3PB, November 2020
Source: www.3pb.co.uk
The Additional Learning Needs and Education Tribunal (Wales) Act 2018: An update – 3PB
‘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.’
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.’
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.’
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.’
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.’
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.’
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.’
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.’
39 Essex Chambers, November 2019
Source: www.39essex.com
Marshalling evidence in special educational needs cases – Local Government Lawyer
‘John Roberts reports on a successful result obtained by a local authority in the Special Educational Needs Tribunal.’
Local Government Lawyer, 8th November 2019
Source: www.localgovernmentlawyer.co.uk
Families lose challenge over special-needs funding – BBC News
‘Three families who challenged the government over its approach to special needs and disability (Send) funding have lost their case at the High Court.’
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.’
BBC News, 4th October 2019
Source: www.bbc.co.uk
