Q:
09.05 If parents disagree with each other about placement, is the LA/FTT obliged to resolve the dispute?
Noddy No-nonsense Guide
Authors: David Wolfe KC, Leon Glenister
14 Feb 2022
A: SenseCheck
- 0 Yes
- 1 No
- 0 Other
- 14 Feb 2022
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No
Complex
No. CFA2014 s38(2)(b)(ii) allows “a parent” to express a preference and therefore does not explicitly provide for where two parents disagree upon the choice of maintained school. When that happens, it is open to a parent to argue one school would provide a better education than the other, and the FTT can undertake a comparative exercise. The FTT cannot name two schools, but it may name a type of school: SG v Denbighshire CC [2016] UKUT 460 (AAC) #87.
Where two parents disagree on a choice of maintained school, the LA or FTT may name a type of school only, and leave it to the family court to have the final say on which school the child will attend: SG v Denbighshire CC [2016] UKUT 460 (AAC) #93, 99.
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 KC, Leon Glenister
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