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02.155 Does an LA cease to be responsible where a CYP is temporarily absent?

Noddy 'No-nonsense' Guide to SEN law Context of SEN Law
Noddy No-nonsense Guide

Noddy No-nonsense Guide
Authors: David Wolfe KC, Leon Glenister
24 Feb 2025

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  • 24 Feb 2025

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    No. A “temporary or transitory” move does not lead to a change in responsibility: JG v Kent CC [2016] EWHC 1102 (Admin) #133. Where a child’s family moved to Dubai for a parent’s military service, had kept their house in the UK and did not intend to settle permanently in Dubai, the child remained the responsibility of the LA: Hampshire CC v GC [2026] EWCA Civ 20 (AAC) #77-78.

    Where a child is temporarily absent, but the LA remains responsible, it may reassess what provision is necessary and effectively “freeze” or “pause” their provision of educational provision: GC #79.

    [updated 01/03/26]

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