M and M v West Sussex County Council (SEN): [2018] UKUT 347 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Mitchell on 30 September 2018.

Read the full decision in HS/2370/2017.

Judicial Summary

This decision holds that the First-tier Tribunal is required to take into account a child’s views, wishes and feelings in determining an EHC Plan appeal, despite the absence of an express statutory requirement to do so. The decision also deals with the extent to which ‘education otherwise than in a school’, under section 61 of the Children & Families Act 2014, may be provided for in an EHC Plan.

Published 9 November 2018