Q:

07.14 Does section 2B.2 have to be more specific if the child is receiving education otherwise than in school?

Nodi No-nonsense Guide Wales

Nodi No-nonsense Guide Wales
Authors: Civitas Law education team
01 Nov 2024

A: SenseCheck

  • 0 Yes
  • 0 No
  • 1 Other

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  • 01 Nov 2024
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    Can't answer yes or no.:

    Possibly, but it will depend on the individual case. Guidance in the English case of DM v Cornwall County Council [2022] UKUT 230 para 7 was that “in some very general sense that educational provision which is bounded by a school building and the provision and rules that may apply to all pupils in that school may to an extent be assumed and not need to be stated whereas that provision may need to appear more explicitly in a case where the EHCP concerns a child being educated at home and otherwise than in school”, but “the degree of specificity that is required for an individual child in their EHCP will always have to depend on the facts of that child’s case.”

    Nodi No-nonsense Guide Wales

    Nodi No-nonsense Guide Wales
    Authors: Civitas Law education team