Case Law Update 9 - EHC Plan Appeals

Steve BroachAuthor Steve BroachDate 29 Jun 2016

This is part of our case law series reviewing judgements relating to the implementation of the Children and Families Act 2014.

Each review looks at a specific case and explains the potential implications for parents, local authorities and sector practitioners. The reviews have been produced for us by Barrister Steve Broach.

This case review looks at two decisions concerned with the educational needs of disabled young people over compulsory school age, in the London Borough of Hillingdon and Buckinghamshire County Council. As a result of the decisions, the Upper Tribunal gave important guidance on the proper approach to appeals by young people in future cases. The decision in the Buckinghamshire case is also important on the meaning of ‘education’ for young people and the duty to issue EHC Plans in cases where the young person may not be able to attain qualifications.

Included is a case overview, discussion around the decision, what this means for children, young people and families and implications for local authorities and other public bodies.