CB v Birmingham City Council (SEN): [2018] UKUT 13 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Lane on 11 January 2018.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 19 January 2018

• Categories: Special educational needs
• Sub-categories: Special educational needs - other, Special educational needs - failure to prepare an EHC plan under Children & Families Act 2014
• Judges: Lane, S
• Decision date: 11 January 2018

Read the full decision in HS/1824/2017.

Judicial Summary

LA refused to issue an EHC plan following assessment. Main issue was whether the child’s SEN could reasonably be provided for within the resources normally available to mainstream …schools…

What resources were ‘normally available’?

Relevance of local offer in assessing what was normally available. No requirement for LA to show that a particular form of provision was available in each and every mainstream school in its area.

Published 19 January 2018