Q:
09.15 Can the parental/young person request for a particular placement be refused simply because it will impact on other children/young people?
Noddy 'no-nonsense' Guide
Authors: David Wolfe QC, Leon Glenister
14 Feb 2022
A: SenseCheck
- 0 Yes
- 1 No
- 0 Other
- 14 Feb 2022
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No
Complex
No. The presumption of placing in line with parental/young person preference in CFA2014 section 39(3) is only displaced by a positive finding of “incompatibility with the efficient education for others” and not merely by evidence of an impact on those other learners: Hampshire v R & SENDIST [2009] EWHC 626 #48.
When considering the question whether “the attendance of the child at the school would be incompatible with the provision of efficient education for others” the FTT is entitled to consider the impact on all or any learners at the placement. When explaining its decision, however, it needs to give a clear identification of just what difference D’s admission (not the admission of all four children with appeals pending) would have, and on the efficient education of which others. Where a placement is nominally full, admitting learners over this number might be incompatible with the efficient education of others: NA v LB Barnet [2010] UKUT 180 (AAC), [2010] ELR 617 #31, 36.
More: Can parents/young person request a particular placement?
Noddy 'no-nonsense' Guide
Authors: David Wolfe QC, Leon Glenister
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