SB v Hereford County Council (SEN): [2018] UKUT 141 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Mitchell on 15 April 2018.
Read the full decision in .
Judicial Summary
The High Court’s decision in H v Leicestershire CC (2000) ELR 471 is not authority for the proposition that, whenever an EHC Plan or statement of SEN provides for a child to be taught in a reduced size class, class size must be specified (H v Leicestershire was in fact concerned with specification of staff: pupil ratios rather than class size per se). In the present appeal, the First-tier Tribunal’s provision for education in “small groups” did not involve an error of law. The Tribunal lawfully concluded that, while teaching groups had to be small, the size of the group should not be specified in the light of a child’s particular educational profile.