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• 14 Feb 2022

• No

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  No. The decision to name a particular school must be based on proper evidence. Before naming a particular school, the FTT should normally have at the very least the prospectus, or oral evidence or a written statement from a member of the school’s staff. Neither the fact of registration of an private school nor the fact that other LAs place children there is evidence of its suitability for children in general let alone for the particular child in question: “a Tribunal may draw reassurance or comfort from those facts, but no more…”: LB Southwark v Animashaun [2005] EWHC 1123 #21. In practice, the FTT now also expects to have an Ofsted or equivalent report.

  The decision as to whether a particular CYP should be placed at a particular school must be based on the particular CYP and their particular needs. The fact that there are other children with greater SEN whose needs are being met by the school is irrelevant: MMB v Hillingdon [2004] EWHC 513 #24.

  More: Why does the Noddy Guide refer to the EA1996 and cases related to it when SEN law is now in CFA2014?)

  

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

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