Recent developments in the law of unjust enrichment and their relevance to disagreements about funding of special educational provision

Following the case of Surrey CC v NHS Lincolnshire Clinical Commissioning Group (2020), Alexander Line and Carin Hunt consider how the claim in restitution is of importance to those advising and representing local authorities.

Analysing Surrey CC v Lincolnshire CCG, Alexander and Carin consider the law on unjust enrichment and the four key elements to a claim for unjust enrichment in their most recent article. The authors also consider the Clinical Commissioning Group’s defence of invoking the exclusivity principle laid down in O’Reilly v Mackman [1983] 2 A.C. 237. Considering the decision of the High Court, Alex and Carin contemplate the potential consequences for education law, including the restitution for costs incurred by public bodies and restitution for costs incurred by private individuals in in relation to the cost of educating individuals with special educational needs where there has been an unlawful public law decision.

You can read the full article here.

About the authors

Alexander Line has a broad range of experience in education law, covering areas including special educational needs, admissions and exclusions, safeguarding, civil and public law claims involving schools, colleges, universities and local authorities, internal appeals before university panels, complaints to the Office for the Independent Adjudicator for Higher Education, internal hearings before school governing bodies, and fitness to practice issues affecting students and teaching staff.

Alex has particular expertise of statutory appeals within the jurisdiction of the First-tier Tribunal (SEND) and is highly experienced in the area of school exclusions, in particular public law challenges arising in this area. Alex also has particular expertise in cases where issues of education, health and social care, falling within and outside of the First-tier Tribunal’s jurisdiction, overlap.

Carin Hunt joined Chambers in September 2019, following her pupillage in which she gained experience across the core practice areas of chambers. Carin regularly appears in the First-tier Tribunal (Special Educational Needs & Disability) on behalf of the Appellant. Carin’s recent instructions include an appeal concerning a contested diagnosis of Autism Spectrum Disorder and a number of proposed education and health provisions to be added to the Appellant’s EHC plan. Carin is particularly interested in retrospective negligence claims for lack of educational provision, school admissions and exclusions, safeguarding, and higher education law.

Find Out More

If you would like to discuss any of the issues covered in this article please contact Alexander or Carin directly or via their practice management team; Graham Woods or Chris Rowe on +44 (0)20 7353 6381 for a confidential discussion.

Legal Blogs 10 Feb, 2021