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
A: SenseCheck
- 1 Yes
- 0 No
- 0 Other
- 14 Feb 2022
-
Yes
|
Simple
Yes. A non-mainstream peer group, in law, is SEP. In AJ v LB Croydon [2020] UKUT 246 (AAC)#65, the UT held the FTT unlawfully named an ASD special school when nothing in Section F of the EHCP suggested or provided that the child required such a placement, or anything other than a mainstream placement.
This potentially precludes special school placements being justified by reference to peer group considerations when that has not been set out in Section F.
More: Is there a rule specifying what counts as SEP?
Go to Glossary
14 Feb 2022
|