Q:

09.332 Can only some SEP in Section F be made otherwise than in a school or educational institution?

Noddy 'No-nonsense' Guide to SEN law EHCP I Where parents seek non-school placement such as EOTAS
Noddy 'no-nonsense' Guide

Noddy 'no-nonsense' Guide
Authors: David Wolfe QC, Leon Glenister
29 Mar 2023

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  • 29 Mar 2023

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    Yes. One slight change from the position under EA1996 s319 is that there is no longer an express power to arrange just part of the SEP to be delivered otherwise than in school, although that remains permissible and so there is no effective change in the law: NN v Cheshire East Council (SEN) [2021] UKUT 220 (AAC) #30.The FTT must first consider CFA2014 s61 and “separately ask whether it is satisfied that it would be inappropriate for (i) any special educational provision that it has decided is necessary for the child to be made in any school and (ii) any part of the provision to be made in any school”: NN #47(a)

    Noddy 'no-nonsense' Guide

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

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