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• 14 Feb 2022

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  Yes. “Provision must be specified for each and every need specified in Section B”: COP2015 #9.69(F). However, it has been held Section B can include narrative description of a child as well as specifying SEN (compare with: R v Secretary of State for Education ex p E [1992] 1 FLR 377): W v Leeds CC [2005] EWCA Civ 988 #35.

  Some EHCPs have reference to a child’s “primary need” and “secondary need”. This is not unlawful, but such additions do not change the underlying legal obligations of the LA. Adding these labels does not change the legal requirement to specify all of the CYP’s identified SEN. 

  More: Should the sections of an EHCP be considered in a particular order?

  

  Noddy No-nonsense Guide
  Authors: David Wolfe KC, Leon Glenister

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