JF, R (on the application of) v London Borough of Croydon and the Special Educational Needs and Disability Tribunal [2006] EWHC 2368 (Admin): The local authority’s role in a SEND Tribunal appeal is to assist the SEND Tribunal by making all of the relevant information available, including information which is unhelpful to its own case.  

LM v Birmingham City Council (SEN): [2026] UKUT 127 (AAC): This case adds weight to an argument that the LA should make sure the working document incorporates sections A and E as well as the sections under appeal. The Upper Tribunal said those are ideal spots to capture what might motivate a young person and potential outcomes in terms of skills and employment and there are clear risks of a tribunal having insufficient regard to a young person’s aspirations and the outcomes which they and those supporting them consider appropriate if it does not have these sections before it to provide context for what it has to decide.

London Borough of Hillingdon v AP and SP [2024] UKUT 388 (AAC): Local authorities (LAs) have duties to help the SEND Tribunal deal with appeals justly and fairly. This includes avoiding delay, cooperating, and placing all of their cards on the table. LAs need to properly prepare, this may involve raising points or options with the SEND Tribunal during the appeal rather than trying to introduce alternatives to the SEND Tribunal naming the parent’s choice of school after its made its decision to argue that it should have decided differently.

PS v LB of Wandsworth (SEN): [2025] UKUT 239 (AAC): This case reminds us that if a parent’s conditional right to a section 38(3) CFA school can be dislodged under section 39(4) CFA 2014 on appeal, and neither party asks the SEND Tribunal to consider an alternative school, then the SEND Tribunal will name an appropriate type of placement. This does not mean that afterwards an LA can simply agree to remove the name of a child on the roll of their special school without consulting with their parents as a result. It also reminds us that:

  • if parents or young people are concerned that the setting they want named may not be, and/or they feel strongly opposed to the placement proposed by the LA, they should put forward an alternative setting for the SEND Tribunal to consider naming
  • when the SEND Tribunal makes decisions, it can do so on the reasonable expectation that the LA will comply with its legal duties, and
  • we must all take care when using AI-generated content, as this is not always reliable.

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Author: Emma Brock

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