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• 14 Feb 2022

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  No. CFA2014 s42(2): Where an EHCP is maintained, the “LA must secure the specified special educational provision for the child or young person” (i.e. it is for the LA and not other bodies or people to secure it). 

   The EHCP must make provision in its section F for all the SEP in question and cannot leave it to bodies other than the LA (such as the social services department or the NHS) to make such provision unless they have agreed to do so: T v Hertfordshire CC [2004] EWCA Civ 927#48; A v Cambridgeshire [2002] EWHC 2391#60; N v North Tyneside BC [2010] EWCA Civ 135#5.

  A requirement for “an Occupational Therapy programme [to be] devised and implemented by Children’s Integrated Therapies, South Tyneside NHS Foundation Trust” was found unlawful by the UT as the obligation to arrange SEP is on the LA not the NHS: JD v South Tyneside [2016] UKUT 9 (AAC)#14.

  

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

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