Nottinghamshire County Council v SF and GD (SEN): [2019] UKUT 243 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Wright on 13 August 2019.

Read the full decision in HS/520/2019

Judicial Summary

Section 37 of Children and Families Act 2014 section I of EHC Plan – whether ‘necessary’ to make EHC Plan – relevance of paragraphs 9.53 to 9.55 of Code of Practice – relevance of definition of ‘special educational provision’ in section 2(1) of the Children and Families Act 2014 and in particular comparator with schools ‘in England’.

Nottinghamshire County Council has made an application for permission to appeal direct to the Court of Appeal. On 14.10.19 the Court of Appeal granted permission.

The Court of Appeal dismissed the appeal on 03.03.20

Court of Appeal decision selected for reporting as [2020] AACR 14

Published 30 September 2019