Case Law Update 45 – Derbyshire v EM and DM – no absolute requirement to name a school or institution in section I of EHC Plans’

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 held that there was no absolute requirement that all EHC plans must specify a school or other institution in Section I. The naming duty does not arise if the local authority considers that no school or other institution would be appropriate for the child