Refusal to issue an EHC plan

Buckinghamshire CC v SJ [2016] UKUT 0254 (AAC): Whether or not a child or young person is capable of obtaining qualifications is not a relevant consideration when deciding whether they should have an EHC plan. The only question is whether an EHC plan is necessary in order for them to obtain the special educational provision they require.

Manchester CC v JW [2014] ELR 304: An EHC plan may be necessary when either the school or the local authority lacks an understanding of the required special educational provision and fails to provide it in practice. It is not necessary for a parent or young person to explain or prove why adequate provision is not or will not be made by the school. Parents and young people simply need to demonstrate that an EHC plan is necessary.