Case Law Directory

CDC’s case law digest service provides essential updates on the latest judicial decisions affecting disabled children and young people and those with SEN.

The legal system can be an essential tool for disabled people and their families to challenge discrimination and ensure they receive the services to which they are entitled. There are a complex set of laws affecting disabled children and young people and their families, and CDC both supports parents to understand and use the law effectively and professionals to understand and meet their legal duties.

CDC’s case law digest service provides an essential update on the latest decisions affecting disabled children and young people and those with SEN. Our series of case law reviews on judgements relating to both special educational needs and disability are compiled by barrister Steve Broach from 39 Essex Chambers. Our digests provide a description of the case, the implications for children young people and their families, and how professionals might need to change their practice as a result of the judgement.

Some of the cases deal with fundamental issues of human rights, such as the recent judgment of the Supreme Court concerning when disabled children are considered to being deprived of their liberty in health and social care placements. Another relates to when schools can exclude children who have previously demonstrated violent behaviour. Understanding these decisions is essential because a decision in one case can be binding on future judgements when there are similar issues or facts.

Please note: These updates are intended to provide general information. They cannot and do not provide advice in relation to individual cases. Where legal issues arise specialist legal advice should be taken in relation to the particular case.

Disabled children: a legal handbook is an authoritative yet accessible guide to the legal rights of disabled children and their families in England and Wales. The handbook navigates the many, often overlapping, sources of law, explaining the difference between what public bodies must do to support disabled children and that which they may do. The handbook is published by Legal Action Group and CDC is delighted to make it free to download here.

Please see below for a list of all our case law updates, sorted by topic.