Q:

08.16 Can section F be less specific because a child or young person’s needs are changing?

Noddy 'no-nonsense' Guide

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

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  • 14 Feb 2022
  • Yes

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    Yes. A CYP’s educational needs may be “changing” because the CYP itself is changing or because of the interaction between the CYP and its environment, all of which could justify less specificity in section F of their EHCP. But vagueness cannot be justified by reference to external factors or changes. Accordingly, it is not permissible to leave SEP unspecified or unquantified simply to allow for flexibility in the school’s approach/arrangements: IPSEA v Secretary of State [2003] EWCA Civ 7#8.

    More: Does section F have to specify things like how much provision a child or young person requires, and how often?

    Noddy 'no-nonsense' Guide

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