MS & LS v Wakefield Council: [2021] UKUT 316 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Mitchell on 22 November 2021.
Read the full decision in .
Judicial Summary
(1) Where a parent requests that an independent school be named in section I of a child’s Education, Health and Care Plan, being the school currently attended by the child, the parent is entitled to argue that the school’s appropriateness should not be assessed solely by reference to current provision and account should also be taken of the school’s capability to provide the special educational provision specified in section F of the child’s EHC Plan. (2) Where a speech and language therapist provides evidence in a case involving a child with autism, the First-tier Tribunal should be aware that the therapist may be able to give relevant evidence about matters going beyond the direct provision of speech and language such as the overall communicative environment offered by a school, due to the link between autism and communication impairment. (3) The First-tier Tribunal may not purport to determine, when considering the appropriateness of a school, whether placement at the school would involve a violation of the UN Convention on the Rights of Persons with Disabilities (Supreme Court’s decision in R (SC, CB & 8 children) v Secretary of State for Work & Pensions and others [2021] UKSC 26 applied).