Q:
09.34 Can a “unit” within in a school be treated as a separate school in its own right for the purposes of a placement request?
Noddy 'no-nonsense' Guide
Authors: David Wolfe QC, Leon Glenister
14 Feb 2022
A: SenseCheck
- 1 Yes
- 0 No
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- 14 Feb 2022
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Yes
Simple
Yes. A “unit” sited at a school but not part of it (and run as a partnership between several academies and the LA known as GROW) could nonetheless be a “school” for the purposes of EA1996 s319 (and thus be a second placement for children who were placed at PRU). Factors included the fact it had a management committee, a chain of command, a teacher who works at GROW and an EP employed by the LA: TB v Essex CC [2013] UKUT 534 (AAC)#28-41. The question is a question of fact for the specialist FTT, and the decision should be reached considering at least the factors listed in paragraph 34 of TB (and paragraph 33 may be disregarded): MA v Kensington and Chelsea [2015] UKUT 186 (AAC) #28.
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Noddy 'no-nonsense' Guide
Authors: David Wolfe QC, Leon Glenister
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