09.03 Can a placement be named in section I even if the SEP required in section F is not already in place?
Noddy No-nonsense Guide
Authors: David Wolfe KC, Leon Glenister
14 Feb 2022
A: SenseCheck
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- 14 Feb 2022
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Yes
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Simple
Yes. The fact that a particular school does not have all the required facilities at the time of the FTT does not preclude it from being named provided that the FTT is properly satisfied by the assurances that it will do so by the time the child attends: Lawrence v LB Southwark [2005] EWHC 1210#14; and, of course, the SEP specified in section F can, in any event, be enforced by the child through judicial review proceedings: R v Harrow ex parte M [1997] FCR 761, VA v Cumbria [2003] EWHC 232, R (S) v LB Camden [2018] EWHC 3354 (Admin).
See also: Hampshire CC v JP [2009] UKUT 239 (AAC)#19-22 showing that a place need not even be available at the time of the hearing.
More: Why does the Noddy Guide refer to the EA1996 and cases related to it when SEN law is now in CFA2014?)
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14 Feb 2022
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