Q:

08.09 If a child is placed in a different year group is that SEP?

Noddy 'No-nonsense' Guide to SEN law EHCP section F
Noddy 'no-nonsense' Guide

Noddy 'no-nonsense' Guide
Authors: David Wolfe QC, Leon Glenister
14 Feb 2022

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A: SenseCheck

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  • 14 Feb 2022

  • Yes

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    Yes. Placement in a different year group to that indicated by a CYP’s chronological age is SEP: AB v North Somerset [2010] UKUT 8#28. It follows that a CYP with an EHCP can only be placed in a different year group if that has been specified in section F of their EHCP. It follows in turn that the decision to place such a CYP in a different year group (or a decision to refuse to do so) can be part of an FTT appeal against the contents of their EHCP.

    More: Is there a rule specifying what counts as SEP?

    Noddy 'no-nonsense' Guide

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

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