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02.19 Does the LA need to take extra steps to pay “due regard” under the PSED when delivering SEP in an EHCP?

Noddy 'No-nonsense' Guide to SEN law
Noddy No-nonsense Guide

Noddy No-nonsense Guide
Authors: David Wolfe KC, Leon Glenister
03 Mar 2024

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  • 03 Mar 2024

  • No

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    The statutory mechanism for discharging a LA’s education, health and social care duties to an individual is based upon that individual’s own particular personal needs and characteristics, so it is impossible to argue no due regard has been had under [EqA2010 s149]: R (AI) v LB Wandsworth [2023] EWHC 2088 (Admin) #92.

    Public sector equality duty (sometimes: PSED) The legal duty placed on all public authorities to consider the need to promote equality in everything they do, as defined in Equality Act 2010 s149.

    SEP Special Educational Provision. SEP is educational or training provision that is additional to, or different from, that generally made for others of the same age in mainstream provision: CFA2014 s21. More: Is there a rule specifying what counts as SEP?

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