Q:
02.07 Must the LA (and then the FTT in an appeal) have regard to any particular factors when exercising its SEN functions?
Noddy 'no-nonsense' Guide
Authors: David Wolfe QC, Leon Glenister
14 Feb 2022
A: SenseCheck
- 1 Yes
- 0 No
- 0 Other
- 14 Feb 2022
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Yes
Simple
Yes. In exercising its functions, the LA must have regard to (1) the views, wishes and feelings of the child and parent, or the young person, (2) the importance of child and parent, or young person, to participate as fully as possible in decisions, (3) the importance of the child and parent, or young person, being provided with information and support to participate in such decisions, (4) the need to support child and parent, or young person, to facilitate development and to achieve the best possible education and other outcomes: CFA2014 s19.
That also applies to the FTT: S v Worcestershire [2017] UKUT 92 (AAC) #70.
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Noddy 'no-nonsense' Guide
Authors: David Wolfe QC, Leon Glenister
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