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Insights / News
Alex Line recently appeared in the Upper Tribunal in Hampshire County Council v GC & GC [2024] UKUT 128 (AAC), acting for the local authority. This is an important case (described by Upper Tribunal Judge West in his decision as a ‘test case’) concerning a family who moved to Dubai for two years because the father was deployed there as part of his naval service. The local authority ceased to maintain their child’s EHC Plan pursuant to s.45 of the Children and Families Act 2014, on the basis that the family were no longer in its area. There are requirements set out in the Special Educational Needs and Disability Regulations 2014 in relation to consultation before local authorities take such decisions which, in this case, the local authority had not complied with. By the time of the hearing of the appeal to the First-tier Tribunal, the family were still stationed abroad, but were due to return. The Tribunal upheld their appeal on the basis of the local authority’s failure to consult, but also went on to comment that it was possible to ‘pause’ or ‘freeze’ an EHC Plan during the period of absence. The local authority appealed this decision to the Upper Tribunal. The facts of the case are concerned with the context of service families, but the Upper Tribunal’s decision is potentially of wider importance in relation to the issues of:
The Upper Tribunal’s decision can be found here.
Alex Line specialises in education law and has been ranked in both Chambers and Partners and Legal 500 for several years in relation to this area. His work encompasses the full spectrum of education law, including: special educational needs, admissions, exclusions, safeguarding, discrimination, civil and public law claims concerning schools, colleges and universities. He acts for individuals, local authorities, and education institutions alike. He is also well placed to assist with public law cases affecting these and associated areas.
For further information on Alex, please contact Paul Barton on +44 (0)207 427 4907 or Chris Rowe on +44 (0)207 427 4911 for a confidential discussion.
News 5 Jun, 2024