Hampshire County Council v (1) GC (2) GC (SEND): [2024] UKUT 128 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge West on 24 April 2024.
Read the full decision in .
Judicial Summary
Judicial Summary: Special educational needs – child with Education, Health and Care Plan (EHCP) – father in Royal Navy deployed overseas and family accompanying him - effect of naval service overseas on child’s EHCP – effect of breach of reg.31 of Special Educational Needs & Disability Regulations 2014 – whether regulation mandatory - whether local authority entitled to cease to maintain child - ss.24 & 45 of the Children & Families Act 2014 – whether local authority still responsible for child “in the authority’s area” – whether test of ordinary residence or some other test based on child’s presence in the area – whether EHCP can be “paused” or “frozen” during deployment overseas - appeal dismissed