B and M v Cheshire East Council (SEN): [2018] UKUT 232 (AAC).

Upper Tribunal Administrative Appeals Chamber decision by Judge Mitchell on 2 July 2018.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 24 August 2018

• Categories: Special educational needs
• Sub-categories: Special educational needs - ceasing to maintain EHC plan
• Judges: Mitchell, E
• Decision date: 2 July 2018

Read the full decision in HS/1103/2017.

Judicial Summary

This decision holds that the First-tier Tribunal erred in law in confirming a local authority’s decision to cease to maintain an EHC Plan for a severely disabled young person. The tribunal’s analysis of whether day care services, funded by the local authority’s adult social care department, would ensure delivery of the special educational provision required involed errors on points of law.

Published 24 August 2018