Q:

09.334 Is it enough to show it is inappropriate for SEP to be made in the LA’s preferred 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

  • No

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    No.  The term “a” school should be read as “any”, so that it must be shown it would be inappropriate for the provision to be made in “any school or post-16 institution”: Derbyshire CC v EM and DM [2019] UKUT 240 (AAC) #18, NN v Cheshire East Council (SEN) [2021] UKUT 220 (AAC) #28. CFA2014 s61 provides a presumption in favour of school based provision in general, not merely a presumption relating to a particular school.

    Noddy 'no-nonsense' Guide

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

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