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• 14 Feb 2022

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  No. The parent can appeal to the FTT against the LA’s decision to name that placement. More information filter by: EHCP Section I. If the appeal fails, then it is still perfectly lawful for the parent to decide either to home educate their child or to send their child to a private school. Linked to that, the obligation on an LA to secure the provision in an EHCP falls away if the child’s parents have made suitable alternative arrangements for the child’s education: CFA2014 s42(5).

  See: X County Council v DW [2005] EWHC 162 (Fam) #20 The decision of a FTT on placement did not oblige a parent to accept that decision and were free to make other arrangements.

  See also: Buckinghamshire CC v SJ [2016] UKUT 254 (AAC) #14

  Go to Glossary

  

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

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