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• 14 Feb 2022

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  No. CFA2014 s77 requires bodies including local authorities and schools to "have regard to" the Code of Practice. That means that they must identify and correctly understand the relevant provisions of the COP2015 and apply them unless they have and state clear reasons for not doing so: W v Blaenau Gwent [2003] EWHC 2880 #17-18. 

  However, an LA or the FTT must always be prepared to depart from the requirements of the Code where that is appropriate in the particular case rather than treating it as “strict rules”: S v Brent [2002] EWCA Civ 693 #15. That said, guidance or a statutory code of this kind can only be departed from for good reason: Munjaz v Mersey NHS Trust [2005] UKHL 58 #46.  

  Go to Glossary

  

  Noddy 'no-nonsense' Guide
  Authors: David Wolfe QC, Leon Glenister

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