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• 29 Mar 2023

• No

  Complex

  No. In determining whether it would be inappropriate, it is not enough to ask whether the school “can” in general terms make the SEP set out in section F. One must ask if doing so in that way (i.e. at school) “would not be suitable” or “would not be proper”. That requires the LA to take account of the circumstances of the case which would include the child’s background and medical history, the particular educational needs of the child, facilities that can be provided by a school and otherwise than at a school, the comparative costs of alternative provisions, the child’s reaction to the provisions, the parents’ wishes and any other particular circumstances that might apply: TM v Hounslow [2009] EWCA Civ 859 #26, NN v Cheshire East Council (SEN) [2021] UKUT 220 (AAC) #47(b),  A child’s anxiety may lead for it to be “inappropriate” for provision to be made at school: M v Hertfordshire CC [2019] UKUT 37 (AAC)#45.

  

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

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