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• 04 Nov 2022

• Yes

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  Yes. CFA2014 s24 states an LA is responsible for a CYP where they are “in the authority’s area” and has been (a) identified by the authority as someone who has or may have SEN, or (b) brought to the authority’s attention by any person as someone who has or may have SEN. 

  A CYP is “in the area” of a LA where there is a degree of permanence, as opposed to being in an area only temporarily or for a transitory move. There can only be one authority who is responsible for a CYP’s SEN. It may be of assistance to consider a child’s ordinary residence but there is a limit to the usefulness of this methodology because the term “ordinary residence” is not used in the CFA2014, and only one authority can be responsible whereas a CYP may be ordinarily resident in more than one area: JG v Kent CC [2016] #133-134.

  

  Noddy 'no-nonsense' Guide
  Authors: David Wolfe QC, Leon Glenister

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