Case Law Update 37 – RB v Calderdale – When an EHC needs assessment is required

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 reversed a decision of the First-tier Tribunal and ordered a local authority to carry out an EHC needs assessment for teenage boy with significant health problems resulting in a relevant ‘disability’. The Upper Tribunal emphasised that the key question at the assessment stage was only whether it may be necessary for special educational provision to be made in accordance with an EHC Plan.