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• 14 Feb 2022

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  No. The LA/FTT must always take into account what the parents (in the case of an EHCP for a child) have asked for: EA1996 s9. But is not the same as saying that the LA/FTT must agree to that preference.

  In particular, consideration must be given to the principle that education is in accordance with parental wishes unless that involves unreasonable public expenditure. There is no obligation (as such) to give effect to parental preference under EA1996 section 9: C v Buckinghamshire (1999) ELR 179. 

  Section 9 does not impose a duty to act in accordance with parental preference, but to have regard to it: WH v Warrington BC [2014] EWCA Civ 398#31.

  However, note that section 9 only applied to “pupils”, which does not apply to those over 18 receiving further education: EA1996 s3. 

  More: Can parents/young person request a particular placement? 
  Does EA1996 s9 still apply if the parent requests a CFA2014 s38(2) placement under section CFA2014 s39(3)?

  Go to Glossary

  

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

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