Q:

08.11 If a child or young person needs to be with a particular peer group other than that in a mainstream class, is that SEP?

Noddy 'no-nonsense' Guide

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

A: SenseCheck

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  • 14 Feb 2022
  • Yes

    Simple

    Yes. A non-mainstream peer group, in law, is SEP. In AJ v LB Croydon [2020] UKUT 246 (AAC)#65, the UT held the FTT unlawfully named an ASD special school when nothing in Section F of the EHCP suggested or provided that the child required such a placement, or anything other than a mainstream placement. 

    This potentially precludes special school placements being justified by reference to peer group considerations when that has not been set out in Section F. 

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

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    Noddy 'no-nonsense' Guide

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