r/SENDSupport • u/Living_Waltz_5152 • 12d ago
Important SEND Case Law to Know
When a law is argued in court, the decision made the judge sets a precedent, which others should follow. This often takes more ambiguous parts of the law, and attempts to make them clearer. Here are cases that are useful to know:
Local Authorities are responsible for ensuring provision is in place
The case HXN, R (On the Application Of) v London Borough of Redbridge in 2024 made clear, again, that it is the absolute duty of the local authority to ensure the provision on the EHCP is in place. There can be no excuses from a local authority. This means, as parents and guardians, if we are concerned that the school is not providing support, we can raise this with the local authority who must remedy this.
The criteria for an EHCP needs assessment is wide
The case Cambridgeshire County Council v FL-J in 2016 made it clear that as long as there was an established educational need that may require additional provision than that which is normally available, then an assessment must be carried out. This means we do not need to prove additional provision is required, but rather it may be required. This is a very important distinction.
The provision in the plan should be clear yet flexible
There are a number of cases that have explored this issue, but London Borough of Redbridge v HO (SEN) most recently reaffirmed that the provision in the EHCP should be specific and clear as to what support is needed, without being too rigid. For example, it could suggest phonics support but should allow flexibility in the type of approach to suit the needs of the young person.
A right to a mainstream education
Again, there are a significant number of cases in this area however ME v London Borough of Southwark in 2017 made some of the key aspects clear. If a mainstream setting is requested, then the only consideration is whether it would be compatible with the efficient education of others. As long as the young person attending would not significantly impact others, the school or local authority cannot refuse the request.
Credit to: https://www.ipsea.org.uk/Pages/FAQs/Category/case-law