Case Law Update 43 - Nottinghamshire v SF – when ‘necessary’ to make an EHC Plan

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 Court of Appeal upheld the decision of a First-tier Tribunal that it was ‘necessary’ for a local authority to make an EHC Plan for a child with autism. The word ‘necessary’ does not have a fixed meaning and the judgment on it is to be made by the specialist Tribunal. The comparison is with national mainstream education, not local provision.