This month, we focus on a recent judgment which found a local authority had failed to meet its statutory duties under the Education Act 1996, the Children and Families Act 2014 and the Children Act 1989. After identifying “serious and substantial breaches of duties” that left a 15 year-old child with complex needs without suitable … Read more
This month, we examine the unsuccessful judicial review brought by Article 39 against the Secretary of State for Education which relates to the changes introduced by The Care Planning, Placement and Case Review (England) (Amendment) Regulations 2021. The 2021 Regulations amended The Care Planning, Placement and Case Review (England) Regulations 2010, making it unlawful for … Read more
In this issue, we focus on a decision of the Upper Tribunal (August 2021) – responsible for dealing with appeals against decisions made by the First-tier Tribunal (Special Educational Needs and Disability) – which concerned local authorities’ power to maintain an Education Health and Care (EHC) plan after a young person’s 25th birthday. We take … Read more
In this issue, we take a closer look at a November 2021 decision of the Local Government and Social Care Ombudsman which found a local authority had failed to accommodate a child under Section 20 of the Children Act 1989, breaching statutory guidance and its own local guidance for social workers. The Ombudsman accepted the … Read more
In this issue, we focus on a recent High Court judgment relating to local authorities’ duties under Section 20 of the Children Act 1989 towards children and young people awaiting the outcome of an age assessment. The High Court found the local authority’s refusal to accommodate three putative children unlawful, dismissing the local authority’s claim … Read more