Case Law Update 27 – CB v Birmingham – When an EHC Plan should be made

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.

In this update, the Upper Tribunal dismissed an appeal in relation to a decision by a local authority not to make an EHC Plan and gave guidance on the test for when a Plan should be made.