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09.25 If the parental school provides more than is required by the child, is the LA/FTT obliged to name it? (e.g. un-needed residential)

Noddy 'No-nonsense' Guide to SEN law EHCP section I
Noddy No-nonsense Guide

Noddy No-nonsense Guide
Authors: David Wolfe KC, Leon Glenister
14 Feb 2022

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  • 14 Feb 2022

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    No. Even if the FTT considers that the school proposed by the LA is not suitable, it does not follow that it should automatically name the school requested by parents if that latter school costs a lot more because it makes provision (for example residential provision) which the child does not need. The FTT should specify a type or consider adjourning if there may be other, less costly, options Richardson v Solihull [1998] EWCA Civ 3535 #51, LB Hackney v Silaydin [1999] ELR 571.

    However, this does not mean in every hearing where the school named in Section I is inappropriate a LA should be given an opportunity to suggest alternatives that are less expensive than the parental school – where there is a risk the LA school will be found unsuitable the LA can suggest a fall-back: Rhondda Cynon Taff County Borough Council v SENDIST [2001] EWHC Admin 823 #14. 

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    [updated 01/03/26]

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