09.334 Is it enough to show it is inappropriate for SEP to be made in the LA’s preferred school or educational institution?
Noddy 'no-nonsense' Guide
Authors: David Wolfe QC, Leon Glenister
29 Mar 2023
A: SenseCheck
- 0 Yes
- 1 No
- 0 Other
- 29 Mar 2023
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No
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Complex
No. The term “a” school should be read as “any”, so that it must be shown it would be inappropriate for the provision to be made in “any school or post-16 institution”: Derbyshire CC v EM and DM [2019] UKUT 240 (AAC) #18, NN v Cheshire East Council (SEN) [2021] UKUT 220 (AAC) #28. CFA2014 s61 provides a presumption in favour of school based provision in general, not merely a presumption relating to a particular school.
29 Mar 2023
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