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 KC, Leon Glenister
14 Feb 2022
A: SenseCheck
- 1 Yes
- 0 No
- 0 Other
- 24 Feb 2025
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Yes
Complex
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.
As to how this applies in practice, a child may have very strong “feelings” in relation a particular placement which (given their specific mention in s.19, contrasting the position of parental “wishes” in EA1996 s9) must be considered by the FTT in determining Section I: TM and SM v Liverpool CC [2024] UKUT 201 (AAC) #19.
That also applies to the FTT: S v Worcestershire [2017] UKUT 92 (AAC) #70.
Noddy No-nonsense Guide
Authors: David Wolfe KC, Leon Glenister
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