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  • Noddy 'no-nonsense' Guide

  • Authors: David Wolfe QC, Leon Glenister

  • Public law barristers with significant experience & expertise in SEN Law

  • Rewards 3569

Welcome to the February 2022 version (a major overhaul) of the “Noddy Guide” (as it has come to be known) which David Wolfe first produced 15+ years ago. The original version of the Guide was produced in response to a request, from the then-President of the SENT, for a “Noddy Guide” to train SENT Chairs (now FTT Judges). (The name ‘Noddy’ indicates straight forward, no-nonsense advice.) The Guide is regularly updated as a free public resource to assist all those who deal with Special Educational Needs (SEN) law in England – including judges, legal practitioners, parents and local authorities. It is now co-written by David Wolfe QC (Matrix) and Leon Glenister (Landmark Chambers), both public law barristers who have significant experience and expertise in SEN Law.

This new version covers the law as it was introduced in England in 2014:
• The Children and Families Act 2014 (CFA2014)
• The Special Educational Needs and Disability Regulations 2014 (SI 2014/1530) (Regs2014)
• The SEN Code of Practice (COP2015)) relating to Education and Health Care Plans (EHCPs) and
• Department for Education Guidance “SEND: 19- to 25-year-olds’ entitlement to EHC plans” published on 21 February 2017 (Guidance19-25) (which must be read alongside and be applied in accordance with CFA2014 and COP2015: IPSEA v Secretary of State [2003] EWCA Civ 7).

Our aim is to bring together the relevant legal provisions, the codes of practice, Government guidance and case law (principally from the High Court and, latterly, the Upper Tribunal). However, the Guide is not intended to be a substitute for direct consideration of the legal materials or relevant code of practice. This is the first edition where links are included to cases and other primary materials, where they are readily accessible (some, particularly older cases, are not publicly available).

The Guide is a public resource, shared under creative commons licence Attribution-NoDerivatives 4.0 International. Please download, use, circulate and quote from it, crediting the authors. Comments on any aspect of this Guide are welcome, particularly omissions or errors: davidwolfe@matrixlaw.co.uk lglenister@landmarkchambers.co.uk

Questions [140]

Questions they have asked

  • 01.01 Why does the Noddy Guide refer to the EA1996 and cases related to it when SEN law is now in CFA2014?

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

    04 Oct 2021

    Watched by 1
  • Is there a glossary for terms used in the Noddy 'no-nonsense' Guide to SEND law?

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

    14 Feb 2022

    Watched by 1
  • 01.02 What is the SEN Code of Practice?

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

    14 Feb 2022

    Watched by 1
  • 01.03 Is the SEN Code of Practice binding on local authorities and the FTT?

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

    14 Feb 2022

    Watched by 1
  • 01.04 Can the SEN Code of Practice trump the CFA2014?

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

    14 Feb 2022

    Watched by 1
  • 02.01 Do all CYPs with SEN have an EHCP?

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

    14 Feb 2022

    Watched by 1
  • 02.02 Are all children with SEN educated in a school?

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

    14 Feb 2022

    Watched by 1
  • 02.03 Do all children with SEN who attend schools attend special schools?

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

    14 Feb 2022

    Watched by 1
  • 02.04 Can a CYP attend a special school without an EHCP?

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

    14 Feb 2022

    Watched by 1
  • 02.05 Are the parents of a child with an EHCP legally obliged to send their child to the educational placement specified in that EHCP?

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

    14 Feb 2022

    Watched by 1
  • 02.06 Can the parent of a child with an EHCP refuse the placement the EHCP specifies, but insist that the LA still secures the SEP which the plans specifies in its section F?

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

    14 Feb 2022

    Watched by 1
  • 02.07 Must the LA (and then the FTT in an appeal) have regard to any particular factors when exercising its SEN functions?

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

    14 Feb 2022

    Watched by 1
  • 02.08 Does the paramountcy principle (which applies under the Children Act 1989 in other areas relating to children) apply here?

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

    14 Feb 2022

    Watched by 1
  • 02.09 Does the LA have to consider future benefits to the national economy in how it delivers education?

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

    14 Feb 2022

    Watched by 1
  • 02.10 Does higher education fall within the SEN legal framework?

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

    14 Feb 2022

    Watched by 1
  • 02.11 Does the LA have to publicise the
    provision available in its area?

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

    14 Feb 2022

    Watched by 1
  • 02.12 Does the LA have to consult prior to making budgetary cuts?

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

    14 Feb 2022

    Watched by 1
  • 02.13 Do the SEN provisions in CFA2014
    operate in a vacuum?

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

    14 Feb 2022

    Watched by 1
  • 02.14 Can the LA end up being responsible for funding an education placement under a social services ‘care plan’?

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

    14 Feb 2022

    Watched by 1
  • 03.01 What are the obligations of an LA in relation to children who have SEN but do not have an EHCP?

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

    14 Feb 2022

    Watched by 1
  • 03.02 What are the obligations of a school or similar institution in relation to CYPs who do not have an EHCP?

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

    14 Feb 2022

    Watched by 1
  • 04.01 Where a child has an EHCP, does the LA have to secure the ‘best’ provision for a child?

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

    14 Feb 2022

    Watched by 1
  • 04.02 Does the LA have a duty to make provision under an EHCP for a young person up to the age of 25 even where they may not obtain further qualifications?

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

    14 Feb 2022

    Watched by 1
  • 04.03 Can the LA or FTT look only at what the child or young person requires now for the purposes of EHCPs?

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

    14 Feb 2022

    Watched by 1
  • 04.04 Can an LA be obliged to fund health care provision under an EHCP?

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

    14 Feb 2022

    Watched by 1
  • 05.01 Are there any particular rules about when an LA has to undertake statutory assessment of a child or young person’s SEN?

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

    14 Feb 2022

    Watched by 1
  • 05.02 Does a child or young person automatically get an EHCP following a statutory assessment?

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

    14 Feb 2022

    Watched by 1
  • 06.01 Are there any particular rules about how an EHCP should be drafted?

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

    14 Feb 2022

    Watched by 1
  • 06.02 Is there a prescribed form of EHCP?

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

    14 Feb 2022

    Watched by 1
  • 06.03 Should the sections of an EHCP be considered in a particular order?

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

    14 Feb 2022

    Watched by 1
  • 07.01 Are there particular rules about whether a child or young person has special educational needs?

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

    14 Feb 2022

    Watched by 1
  • 07.02 Do all disabilities within the Equality Act 2010 constitute special educational needs?

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

    14 Feb 2022

    Watched by 1
  • 07.03 Can health or social care needs be special educational needs?

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

    14 Feb 2022

    Watched by 1
  • 07.04 Does the cause of a child or young person’s SEN need to be known?

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

    14 Feb 2022

    Watched by 1
  • 07.05 Does Section F have to tie in with
    Section B?

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

    14 Feb 2022

    Watched by 1
  • 08.01 Does “provision” set out in an EHCP (section F) have to link to the “outcomes” set out in section E?

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

    14 Feb 2022

    Watched by 1
  • 08.02 Is there a rule specifying what counts as SEP?

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

    14 Feb 2022

    Watched by 1
  • 08.03 Can learning life skills be SEP?

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

    14 Feb 2022

    Watched by 1
  • 08.04 Can a requirement for parent/teacher meetings be SEP for the child or young/person?

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

    14 Feb 2022

    Watched by 1
  • 08.05 Can learned behaviour, such as sexualised behaviour, give rise to a need for SEP?

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

    14 Feb 2022

    Watched by 1
  • 08.06 Can health or social care provision also be educational provision?

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

    14 Feb 2022

    Watched by 1
  • 08.07 Is Speech and Language Therapy SEP?

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

    14 Feb 2022

    Watched by 1
  • 08.08 Can psychiatric input be SEP?

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

    14 Feb 2022

    Watched by 1
  • 08.09 If a child is placed in a different year group is that SEP?

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

    14 Feb 2022

    Watched by 1
  • 08.10 If a child needs to be in small groups or small classes for some or all of the time is that SEP?

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

    14 Feb 2022

    Watched by 1
  • 08.11 If a child or young person needs to be with a particular peer group other than that in a mainstream class, is that SEP?

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

    14 Feb 2022

    Watched by 1
  • 08.12 Does the term “waking day curriculum” have any legal meaning?

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

    14 Feb 2022

    Watched by 1
  • 08.13 Is there a particular rule about when a child requires out of hours SEP?

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

    14 Feb 2022

    Watched by 1
  • 08.14 Does the SEP in section F of an EHCP have to be set out in detail?

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

    14 Feb 2022

    Watched by 1
  • 08.15 Does section F have to specify things like how much provision a child or young person requires, and how often?

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

    14 Feb 2022

    Watched by 1
  • 08.16 Can section F be less specific because a child or young person’s needs are changing?

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

    14 Feb 2022

    Watched by 1
  • 08.17 Can section F be less specific just because the child or young person is in a special school?

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

    14 Feb 2022

    Watched by 1
  • 08.18 Can section F be less specific because the LA has a policy not to specify/quantify SEP?

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

    14 Feb 2022

    Watched by 1
  • 08.19 Is it permitted to mention funding bands into section F and, if so, does that change the other requirements for section F?

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

    14 Feb 2022

    Watched by 1
  • 08.20 If an LA delegates all its SEN funding to schools, does it still have to specify and quantify SEP in section F of an EHCP?

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

    14 Feb 2022

    Watched by 1
  • 08.21 Can an EHCP leave matters in section F by a future assessment?

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

    14 Feb 2022

    Watched by 1
  • 08.22 Is the duty on the LA to secure the provision in Section F absolute?

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

    14 Feb 2022

    Watched by 1
  • 08.23 Can the LA require parents to provide education?

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

    14 Feb 2022

    Watched by 1
  • 08.24 Can the EHCP require other bodies to arrange/fund the required SEP?

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

    14 Feb 2022

    Watched by 1
  • 08.25 Can Section F make it the school’s responsibility to fund provision?

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

    14 Feb 2022

    Watched by 1
  • 09.01 Is it permissible to decide on placement (section I) and then fit the SEP (section F) around that?

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

    14 Feb 2022

    Watched by 1
  • 09.02 Can a placement decision be made without evidence about the school in question?

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

    14 Feb 2022

    Watched by 1
  • 09.03 Can a placement be named in section I even if the SEP required in section F is not already in place?

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

    14 Feb 2022

    Watched by 1
  • 09.04 Does section I always have to name a particular placement?

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

    14 Feb 2022

    Watched by 1
  • 09.05 If parents disagree with each other about placement, is the LA/FTT obliged to resolve the dispute?

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

    14 Feb 2022

    Watched by 1
  • 09.06 Can the LA/FTT ignore the fact that the relationship between the parent and school has broken down in deciding on placement?

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

    14 Feb 2022

    Watched by 1
  • 09.07 Are a family’s religious beliefs always relevant to placement in section I?

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

    14 Feb 2022

    Watched by 1
  • 09.08 Can the LA/FTT ignore the fact that a particular placement will cause stress to the pupil/young person?

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

    14 Feb 2022

    Watched by 1
  • 09.09 Must the LA consult with a candidate placement before naming it in section I?

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

    14 Feb 2022

    Watched by 1
  • 09.10 Surely parents/young people have a human right to the placement they want?

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

    14 Feb 2022

    Watched by 1
  • 09.11 Does ECHR Article 8 come into play when it comes to residential school placements?

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

    14 Feb 2022

    Watched by 1
  • 09.12 Can parent’s/young person request a particular placement?

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

    14 Feb 2022

    Watched by 1
  • 09.13 Can the LA/FTT refuse to name a requested s38(3) placement simply because it costs a bit more?

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

    14 Feb 2022

    Watched by 1
  • 09.14 In looking at the cost of a placement, does it make a difference if parents are prepared to pay the costs of transport?

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

    14 Feb 2022

    Watched by 1
  • 09.15 Can the parental/young person request for a particular placement be refused simply because it will impact on other children/young people?

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

    14 Feb 2022

    Watched by 1
  • 09.16 Does EA1996 s9 still apply if the parent requests a CFA2014 s38(2) placement under section CFA2014 s39(3)?

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

    14 Feb 2022

    Watched by 1
  • 09.17 Can the LA/FTT ignore the parental preference?

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

    14 Feb 2022

    Watched by 1
  • 09.18 Does the fact that the placement requested by parents people costs more automatically disqualify it?

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

    14 Feb 2022

    Watched by 1
  • 09.19 Does “efficient instruction and training” in EA1996 s9 mean education and training generally?

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

    14 Feb 2022

    Watched by 1
  • 09.20 Does the term “public expenditure” in EA1996 s9 mean only the education department’s costs?

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

    14 Feb 2022

    Watched by 1
  • 09.21 Does “expenditure” in EA1996 s9 refer to the cost of the provision already in place?

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

    14 Feb 2022

    Watched by 1
  • 09.22 When calculating the extra cost of a parental placement for EA1996 section 9 purposes, is the LA/FTT only concerned with one year’s costs?

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

    14 Feb 2022

    Watched by 1
  • 09.23 When deciding if extra cost is reasonable under EA1996 section 9, does the LA/FTT only look at educational benefits of the parental placement?

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

    14 Feb 2022

    Watched by 1
  • 09.24 Can an LA/FTT approach EA1996 s9 on the basis that any extra cost for a parental placement is “unreasonable”?

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

    14 Feb 2022

    Watched by 1
  • 09.25 If the parental school provides more than is required by the child, is the LA/FTT obliged to name it? (e.g. un-needed residential)

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

    14 Feb 2022

    Watched by 1
  • 09.26 Is the LA/FTT obliged to consider fall-back options?

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

    14 Feb 2022

    Watched by 1
  • 09.27 Are Academies and Free Schools legally the same as maintained schools?

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

    14 Feb 2022

    Watched by 1
  • 09.28 Are academies and free schools legally the same as maintained schools when it comes to SEN?

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

    14 Feb 2022

    Watched by 1
  • 09.29 Can the LA/FTT decide to name a special school just because it thinks that would be suitable, rather than a mainstream school requested by the parent/young person?

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

    14 Feb 2022

    Watched by 1
  • 09.30 But surely the LA/FTT can ask whether the requested mainstream placement is suitable/appropriate?

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

    14 Feb 2022

    Watched by 1
  • 09.31 Can parents insist on only part time mainstream school?

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

    14 Feb 2022

    Watched by 1
  • 09.32 Is there a particular order to consider a parental/young person request for a particular mainstream maintained/section 38(2) school?

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

    14 Feb 2022

    Watched by 1
  • 09.33 Can parents/young person ask for a home programmes or placements out of school?

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

    14 Feb 2022

    Watched by 1
  • 09.34 Can a “unit” within in a school be treated as a separate school in its own right for the purposes of a placement request?

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

    14 Feb 2022

    Watched by 1
  • 09.35 Where a child is placed at a residential school outside its home area, can the placing LA be responsible for the cost of accommodation?

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

    14 Feb 2022

    Watched by 1
  • 09.36 Is that the end of it if the parents/young person do not make a placement request (or their request falls away under section 39)?

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

    14 Feb 2022

    Watched by 1
  • 10.01 Does an EHCP expire automatically?

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

    14 Feb 2022

    Watched by 1
  • 10.02 Can an LA just cease to maintain (i.e. terminate) an EHCP?

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

    14 Feb 2022

    Watched by 1
  • 10.03 Is an EHCP kept in force where an appeal is made against ceasing?

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

    14 Feb 2022

    Watched by 1
  • 10.04 Can an LA cease (i.e. terminate) an EHCP just because a child/young person has come to the end of a particular academic course?

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

    14 Feb 2022

    Watched by 1
  • 10.05 Can an LA cease (i.e. terminate) an EHCP just because a young person turns 19?

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

    14 Feb 2022

    Watched by 1
  • 11.01 Can an LA be obliged to provide home to school transport?

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

    14 Feb 2022

    Watched by 1
  • 11.02 Can an LA ever be required to provide home to school transport for sixth formers?

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

    14 Feb 2022

    Watched by 1
  • 11.03 Does an LA ever have to provide home-school/college transport for 18-25s?

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

    14 Feb 2022

    Watched by 1
  • 11.04 Is transport “educational” and therefore within the FTT’s jurisdiction?

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

    14 Feb 2022

    Watched by 1
  • 11.05 Can transport issues be relevant to choice of placement?

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

    14 Feb 2022

    Watched by 1
  • 12.01 Are parents still the people to bring an appeal when it comes to an over 16?

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

    14 Feb 2022

    Watched by 1
  • 12.02 Are there particular rules about what goes in an FTT appeal application notice?

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

    14 Feb 2022

    Watched by 1
  • 12.03 Do all FTT appeals involve a hearing?

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

    14 Feb 2022

    Watched by 1
  • 12.04 Does the FTT have to make reasonable adjustments for those participating?

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

    14 Feb 2022

    Watched by 1
  • 12.05 Does the FTT have to listen to the child/young person themselves?

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

    14 Feb 2022

    Watched by 1
  • 12.06 Does the FTT just decide who is correct?

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

    14 Feb 2022

    Watched by 1
  • 12.07 Can an FTT judge be involved in two cases involving the same child/young person?

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

    14 Feb 2022

    Watched by 1
  • 12.08 Can a parent who did not take part in an FTT appeal, then appeal its decision to the UT?

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

    14 Feb 2022

    Watched by 1
  • 12.09 Can the FTT order changes to sections other than B, F and I?

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

    14 Feb 2022

    Watched by 1
  • 12.10 Does the LA have to ‘play fair’?

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

    14 Feb 2022

    Watched by 1
  • 12.11 Does the FTT just have to decide which expert is right?

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

    14 Feb 2022

    Watched by 1
  • 12.12 Are there particular time limits for appeals?

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

    14 Feb 2022

    Watched by 1
  • 12.13 Is mediation compulsory prior to appealing?

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

    14 Feb 2022

    Watched by 1
  • 12.14 Does a parent have a right to mediation?

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

    14 Feb 2022

    Watched by 1
  • 12.15 Who can come to a mediation?

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

    14 Feb 2022

    Watched by 1
  • 12.16 Are their rules about what amounts to ‘evidence’ in an FTT?

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

    14 Feb 2022

    Watched by 1
  • 12.17 Can the FTT ‘strike out’ an appeal?

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

    14 Feb 2022

    Watched by 1
  • 12.18 Do parties have to comply with directions issued by the FTT?

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

    14 Feb 2022

    Watched by 1
  • 12.19 Can evidence be submitted after the deadline set by the FTT?

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

    14 Feb 2022

    Watched by 1
  • 12.20 Can the FTT proceed where a party is not present?

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

    14 Feb 2022

    Watched by 1
  • 12.21 Are there particular rules for parties who want to rely on expert evidence?

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

    14 Feb 2022

    Watched by 1
  • 12.22 Does the FTT have to give reasons for its decision?

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

    14 Feb 2022

    Watched by 1
  • 12.23 Does the FTT decision dictate to the family courts and vice versa?

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

    14 Feb 2022

    Watched by 1
  • 12.24 Does the LA have to comply with an FTT decision?

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

    14 Feb 2022

    Watched by 1
  • 12.25 Can one party be ordered to pay another party’s legal costs following an FTT appeal?

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

    14 Feb 2022

    Watched by 1
  • 12.26 Can I appeal to the FTT about health or social care provision when I appeal the education provision?

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

    14 Feb 2022

    Watched by 1
  • 12.27 Can you enforce an FTT recommendation that health or social care provision is specified in an LA?

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

    14 Feb 2022

    Watched by 1
  • 12.28 Does a health or social care recommendation have to have the same level of specificity as special educational provision in Section F?

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

    14 Feb 2022

    Watched by 1
  • 12.29 Does a CCG have a right to be a party where the FTT is considering health care provision?

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

    14 Feb 2022

    Watched by 1
  • 12.30 Are there particular rules about reviews/appeals?

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

    14 Feb 2022

    Watched by 1
  • 12.31 Is an FTT decision automatically suspended pending a UT appeal?

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

    14 Feb 2022

    Watched by 1
  • 12.32 Is a UT appeal just a re-run of the FTT?

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

    14 Feb 2022

    Watched by 1
  • 12.33 When the UT remits a case to the FTT, does it require a complete rehearing of all the issues?

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

    14 Feb 2022

    Watched by 1
  • Can I download the Noddy 'No-nonsense' Guide as a pdf?

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

    27 Feb 2022

    Watched by 6

Answers [140]

Questions they have answered

  • 01.01 Why does the Noddy Guide refer to the EA1996 and cases related to it when SEN law is now in CFA2014?

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

    04 Oct 2021

    Watched by 1
  • Is there a glossary for terms used in the Noddy 'no-nonsense' Guide to SEND law?

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

    14 Feb 2022

    Watched by 1
  • 01.02 What is the SEN Code of Practice?

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

    14 Feb 2022

    Watched by 1
  • 01.03 Is the SEN Code of Practice binding on local authorities and the FTT?

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

    14 Feb 2022

    Watched by 1
  • 01.04 Can the SEN Code of Practice trump the CFA2014?

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

    14 Feb 2022

    Watched by 1
  • 02.01 Do all CYPs with SEN have an EHCP?

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

    14 Feb 2022

    Watched by 1
  • 02.02 Are all children with SEN educated in a school?

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

    14 Feb 2022

    Watched by 1
  • 02.03 Do all children with SEN who attend schools attend special schools?

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

    14 Feb 2022

    Watched by 1
  • 02.04 Can a CYP attend a special school without an EHCP?

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

    14 Feb 2022

    Watched by 1
  • 02.05 Are the parents of a child with an EHCP legally obliged to send their child to the educational placement specified in that EHCP?

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

    14 Feb 2022

    Watched by 1
  • 02.06 Can the parent of a child with an EHCP refuse the placement the EHCP specifies, but insist that the LA still secures the SEP which the plans specifies in its section F?

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

    14 Feb 2022

    Watched by 1
  • 02.07 Must the LA (and then the FTT in an appeal) have regard to any particular factors when exercising its SEN functions?

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

    14 Feb 2022

    Watched by 1
  • 02.08 Does the paramountcy principle (which applies under the Children Act 1989 in other areas relating to children) apply here?

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

    14 Feb 2022

    Watched by 1
  • 02.09 Does the LA have to consider future benefits to the national economy in how it delivers education?

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

    14 Feb 2022

    Watched by 1
  • 02.10 Does higher education fall within the SEN legal framework?

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

    14 Feb 2022

    Watched by 1
  • 02.11 Does the LA have to publicise the
    provision available in its area?

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

    14 Feb 2022

    Watched by 1
  • 02.12 Does the LA have to consult prior to making budgetary cuts?

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

    14 Feb 2022

    Watched by 1
  • 02.13 Do the SEN provisions in CFA2014
    operate in a vacuum?

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

    14 Feb 2022

    Watched by 1
  • 02.14 Can the LA end up being responsible for funding an education placement under a social services ‘care plan’?

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

    14 Feb 2022

    Watched by 1
  • 03.01 What are the obligations of an LA in relation to children who have SEN but do not have an EHCP?

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

    14 Feb 2022

    Watched by 1
  • 03.02 What are the obligations of a school or similar institution in relation to CYPs who do not have an EHCP?

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

    14 Feb 2022

    Watched by 1
  • 04.01 Where a child has an EHCP, does the LA have to secure the ‘best’ provision for a child?

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

    14 Feb 2022

    Watched by 1
  • 04.02 Does the LA have a duty to make provision under an EHCP for a young person up to the age of 25 even where they may not obtain further qualifications?

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

    14 Feb 2022

    Watched by 1
  • 04.03 Can the LA or FTT look only at what the child or young person requires now for the purposes of EHCPs?

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

    14 Feb 2022

    Watched by 1
  • 04.04 Can an LA be obliged to fund health care provision under an EHCP?

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

    14 Feb 2022

    Watched by 1
  • 05.01 Are there any particular rules about when an LA has to undertake statutory assessment of a child or young person’s SEN?

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

    14 Feb 2022

    Watched by 1
  • 05.02 Does a child or young person automatically get an EHCP following a statutory assessment?

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

    14 Feb 2022

    Watched by 1
  • 06.01 Are there any particular rules about how an EHCP should be drafted?

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

    14 Feb 2022

    Watched by 1
  • 06.02 Is there a prescribed form of EHCP?

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

    14 Feb 2022

    Watched by 1
  • 06.03 Should the sections of an EHCP be considered in a particular order?

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

    14 Feb 2022

    Watched by 1
  • 07.01 Are there particular rules about whether a child or young person has special educational needs?

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

    14 Feb 2022

    Watched by 1
  • 07.02 Do all disabilities within the Equality Act 2010 constitute special educational needs?

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

    14 Feb 2022

    Watched by 1
  • 07.03 Can health or social care needs be special educational needs?

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

    14 Feb 2022

    Watched by 1
  • 07.04 Does the cause of a child or young person’s SEN need to be known?

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

    14 Feb 2022

    Watched by 1
  • 07.05 Does Section F have to tie in with
    Section B?

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

    14 Feb 2022

    Watched by 1
  • 08.01 Does “provision” set out in an EHCP (section F) have to link to the “outcomes” set out in section E?

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

    14 Feb 2022

    Watched by 1
  • 08.02 Is there a rule specifying what counts as SEP?

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

    14 Feb 2022

    Watched by 1
  • 08.03 Can learning life skills be SEP?

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

    14 Feb 2022

    Watched by 1
  • 08.04 Can a requirement for parent/teacher meetings be SEP for the child or young/person?

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

    14 Feb 2022

    Watched by 1
  • 08.05 Can learned behaviour, such as sexualised behaviour, give rise to a need for SEP?

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

    14 Feb 2022

    Watched by 1
  • 08.06 Can health or social care provision also be educational provision?

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

    14 Feb 2022

    Watched by 1
  • 08.07 Is Speech and Language Therapy SEP?

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

    14 Feb 2022

    Watched by 1
  • 08.08 Can psychiatric input be SEP?

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

    14 Feb 2022

    Watched by 1
  • 08.09 If a child is placed in a different year group is that SEP?

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

    14 Feb 2022

    Watched by 1
  • 08.10 If a child needs to be in small groups or small classes for some or all of the time is that SEP?

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

    14 Feb 2022

    Watched by 1
  • 08.11 If a child or young person needs to be with a particular peer group other than that in a mainstream class, is that SEP?

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

    14 Feb 2022

    Watched by 1
  • 08.12 Does the term “waking day curriculum” have any legal meaning?

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

    14 Feb 2022

    Watched by 1
  • 08.13 Is there a particular rule about when a child requires out of hours SEP?

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

    14 Feb 2022

    Watched by 1
  • 08.14 Does the SEP in section F of an EHCP have to be set out in detail?

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

    14 Feb 2022

    Watched by 1
  • 08.15 Does section F have to specify things like how much provision a child or young person requires, and how often?

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

    14 Feb 2022

    Watched by 1
  • 08.16 Can section F be less specific because a child or young person’s needs are changing?

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

    14 Feb 2022

    Watched by 1
  • 08.17 Can section F be less specific just because the child or young person is in a special school?

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

    14 Feb 2022

    Watched by 1
  • 08.18 Can section F be less specific because the LA has a policy not to specify/quantify SEP?

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

    14 Feb 2022

    Watched by 1
  • 08.19 Is it permitted to mention funding bands into section F and, if so, does that change the other requirements for section F?

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

    14 Feb 2022

    Watched by 1
  • 08.20 If an LA delegates all its SEN funding to schools, does it still have to specify and quantify SEP in section F of an EHCP?

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

    14 Feb 2022

    Watched by 1
  • 08.21 Can an EHCP leave matters in section F by a future assessment?

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

    14 Feb 2022

    Watched by 1
  • 08.22 Is the duty on the LA to secure the provision in Section F absolute?

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

    14 Feb 2022

    Watched by 1
  • 08.23 Can the LA require parents to provide education?

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

    14 Feb 2022

    Watched by 1
  • 08.24 Can the EHCP require other bodies to arrange/fund the required SEP?

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

    14 Feb 2022

    Watched by 1
  • 08.25 Can Section F make it the school’s responsibility to fund provision?

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

    14 Feb 2022

    Watched by 1
  • 09.01 Is it permissible to decide on placement (section I) and then fit the SEP (section F) around that?

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

    14 Feb 2022

    Watched by 1
  • 09.02 Can a placement decision be made without evidence about the school in question?

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

    14 Feb 2022

    Watched by 1
  • 09.03 Can a placement be named in section I even if the SEP required in section F is not already in place?

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

    14 Feb 2022

    Watched by 1
  • 09.04 Does section I always have to name a particular placement?

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

    14 Feb 2022

    Watched by 1
  • 09.05 If parents disagree with each other about placement, is the LA/FTT obliged to resolve the dispute?

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

    14 Feb 2022

    Watched by 1
  • 09.06 Can the LA/FTT ignore the fact that the relationship between the parent and school has broken down in deciding on placement?

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

    14 Feb 2022

    Watched by 1
  • 09.07 Are a family’s religious beliefs always relevant to placement in section I?

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

    14 Feb 2022

    Watched by 1
  • 09.08 Can the LA/FTT ignore the fact that a particular placement will cause stress to the pupil/young person?

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

    14 Feb 2022

    Watched by 1
  • 09.09 Must the LA consult with a candidate placement before naming it in section I?

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

    14 Feb 2022

    Watched by 1
  • 09.10 Surely parents/young people have a human right to the placement they want?

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

    14 Feb 2022

    Watched by 1
  • 09.11 Does ECHR Article 8 come into play when it comes to residential school placements?

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

    14 Feb 2022

    Watched by 1
  • 09.12 Can parent’s/young person request a particular placement?

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

    14 Feb 2022

    Watched by 1
  • 09.13 Can the LA/FTT refuse to name a requested s38(3) placement simply because it costs a bit more?

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

    14 Feb 2022

    Watched by 1
  • 09.14 In looking at the cost of a placement, does it make a difference if parents are prepared to pay the costs of transport?

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

    14 Feb 2022

    Watched by 1
  • 09.15 Can the parental/young person request for a particular placement be refused simply because it will impact on other children/young people?

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

    14 Feb 2022

    Watched by 1
  • 09.16 Does EA1996 s9 still apply if the parent requests a CFA2014 s38(2) placement under section CFA2014 s39(3)?

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

    14 Feb 2022

    Watched by 1
  • 09.17 Can the LA/FTT ignore the parental preference?

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

    14 Feb 2022

    Watched by 1
  • 09.18 Does the fact that the placement requested by parents people costs more automatically disqualify it?

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

    14 Feb 2022

    Watched by 1
  • 09.19 Does “efficient instruction and training” in EA1996 s9 mean education and training generally?

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

    14 Feb 2022

    Watched by 1
  • 09.20 Does the term “public expenditure” in EA1996 s9 mean only the education department’s costs?

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

    14 Feb 2022

    Watched by 1
  • 09.21 Does “expenditure” in EA1996 s9 refer to the cost of the provision already in place?

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

    14 Feb 2022

    Watched by 1
  • 09.22 When calculating the extra cost of a parental placement for EA1996 section 9 purposes, is the LA/FTT only concerned with one year’s costs?

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

    14 Feb 2022

    Watched by 1
  • 09.23 When deciding if extra cost is reasonable under EA1996 section 9, does the LA/FTT only look at educational benefits of the parental placement?

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

    14 Feb 2022

    Watched by 1
  • 09.24 Can an LA/FTT approach EA1996 s9 on the basis that any extra cost for a parental placement is “unreasonable”?

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

    14 Feb 2022

    Watched by 1
  • 09.25 If the parental school provides more than is required by the child, is the LA/FTT obliged to name it? (e.g. un-needed residential)

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

    14 Feb 2022

    Watched by 1
  • 09.26 Is the LA/FTT obliged to consider fall-back options?

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

    14 Feb 2022

    Watched by 1
  • 09.27 Are Academies and Free Schools legally the same as maintained schools?

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

    14 Feb 2022

    Watched by 1
  • 09.28 Are academies and free schools legally the same as maintained schools when it comes to SEN?

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

    14 Feb 2022

    Watched by 1
  • 09.29 Can the LA/FTT decide to name a special school just because it thinks that would be suitable, rather than a mainstream school requested by the parent/young person?

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

    14 Feb 2022

    Watched by 1
  • 09.30 But surely the LA/FTT can ask whether the requested mainstream placement is suitable/appropriate?

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

    14 Feb 2022

    Watched by 1
  • 09.31 Can parents insist on only part time mainstream school?

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

    14 Feb 2022

    Watched by 1
  • 09.32 Is there a particular order to consider a parental/young person request for a particular mainstream maintained/section 38(2) school?

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

    14 Feb 2022

    Watched by 1
  • 09.33 Can parents/young person ask for a home programmes or placements out of school?

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

    14 Feb 2022

    Watched by 1
  • 09.34 Can a “unit” within in a school be treated as a separate school in its own right for the purposes of a placement request?

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

    14 Feb 2022

    Watched by 1
  • 09.35 Where a child is placed at a residential school outside its home area, can the placing LA be responsible for the cost of accommodation?

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

    14 Feb 2022

    Watched by 1
  • 09.36 Is that the end of it if the parents/young person do not make a placement request (or their request falls away under section 39)?

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

    14 Feb 2022

    Watched by 1
  • 10.01 Does an EHCP expire automatically?

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

    14 Feb 2022

    Watched by 1
  • 10.02 Can an LA just cease to maintain (i.e. terminate) an EHCP?

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

    14 Feb 2022

    Watched by 1
  • 10.03 Is an EHCP kept in force where an appeal is made against ceasing?

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

    14 Feb 2022

    Watched by 1
  • 10.04 Can an LA cease (i.e. terminate) an EHCP just because a child/young person has come to the end of a particular academic course?

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

    14 Feb 2022

    Watched by 1
  • 10.05 Can an LA cease (i.e. terminate) an EHCP just because a young person turns 19?

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

    14 Feb 2022

    Watched by 1
  • 11.01 Can an LA be obliged to provide home to school transport?

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

    14 Feb 2022

    Watched by 1
  • 11.02 Can an LA ever be required to provide home to school transport for sixth formers?

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

    14 Feb 2022

    Watched by 1
  • 11.03 Does an LA ever have to provide home-school/college transport for 18-25s?

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

    14 Feb 2022

    Watched by 1
  • 11.04 Is transport “educational” and therefore within the FTT’s jurisdiction?

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

    14 Feb 2022

    Watched by 1
  • 11.05 Can transport issues be relevant to choice of placement?

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

    14 Feb 2022

    Watched by 1
  • 12.01 Are parents still the people to bring an appeal when it comes to an over 16?

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

    14 Feb 2022

    Watched by 1
  • 12.02 Are there particular rules about what goes in an FTT appeal application notice?

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

    14 Feb 2022

    Watched by 1
  • 12.03 Do all FTT appeals involve a hearing?

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

    14 Feb 2022

    Watched by 1
  • 12.04 Does the FTT have to make reasonable adjustments for those participating?

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

    14 Feb 2022

    Watched by 1
  • 12.05 Does the FTT have to listen to the child/young person themselves?

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

    14 Feb 2022

    Watched by 1
  • 12.06 Does the FTT just decide who is correct?

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

    14 Feb 2022

    Watched by 1
  • 12.07 Can an FTT judge be involved in two cases involving the same child/young person?

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

    14 Feb 2022

    Watched by 1
  • 12.08 Can a parent who did not take part in an FTT appeal, then appeal its decision to the UT?

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

    14 Feb 2022

    Watched by 1
  • 12.09 Can the FTT order changes to sections other than B, F and I?

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

    14 Feb 2022

    Watched by 1
  • 12.10 Does the LA have to ‘play fair’?

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

    14 Feb 2022

    Watched by 1
  • 12.11 Does the FTT just have to decide which expert is right?

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

    14 Feb 2022

    Watched by 1
  • 12.12 Are there particular time limits for appeals?

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

    14 Feb 2022

    Watched by 1
  • 12.13 Is mediation compulsory prior to appealing?

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

    14 Feb 2022

    Watched by 1
  • 12.14 Does a parent have a right to mediation?

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

    14 Feb 2022

    Watched by 1
  • 12.15 Who can come to a mediation?

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

    14 Feb 2022

    Watched by 1
  • 12.16 Are their rules about what amounts to ‘evidence’ in an FTT?

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

    14 Feb 2022

    Watched by 1
  • 12.17 Can the FTT ‘strike out’ an appeal?

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

    14 Feb 2022

    Watched by 1
  • 12.18 Do parties have to comply with directions issued by the FTT?

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

    14 Feb 2022

    Watched by 1
  • 12.19 Can evidence be submitted after the deadline set by the FTT?

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

    14 Feb 2022

    Watched by 1
  • 12.20 Can the FTT proceed where a party is not present?

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

    14 Feb 2022

    Watched by 1
  • 12.21 Are there particular rules for parties who want to rely on expert evidence?

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

    14 Feb 2022

    Watched by 1
  • 12.22 Does the FTT have to give reasons for its decision?

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

    14 Feb 2022

    Watched by 1
  • 12.23 Does the FTT decision dictate to the family courts and vice versa?

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

    14 Feb 2022

    Watched by 1
  • 12.24 Does the LA have to comply with an FTT decision?

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

    14 Feb 2022

    Watched by 1
  • 12.25 Can one party be ordered to pay another party’s legal costs following an FTT appeal?

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

    14 Feb 2022

    Watched by 1
  • 12.26 Can I appeal to the FTT about health or social care provision when I appeal the education provision?

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

    14 Feb 2022

    Watched by 1
  • 12.27 Can you enforce an FTT recommendation that health or social care provision is specified in an LA?

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

    14 Feb 2022

    Watched by 1
  • 12.28 Does a health or social care recommendation have to have the same level of specificity as special educational provision in Section F?

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

    14 Feb 2022

    Watched by 1