Hampshire County Council v R & SENDIST [2009] EWHC 626 (Admin) (2009) ELR 371: if a parent or young person requests a particular school is named in a Statement (now an EHC plan) and the LA argue that it is ‘incompatible with the efficient education of others’, there needs to be a positive finding of incompatibility, not merely by evidence of some impact on those other children.

NA v London Borough of Barnet (SEN) [2010] UKUT 180 (AAC): The Upper Tribunal stated that this was a “strong test of incompatibility”, which means the test is a high threshold for the local authority. The local authority needs to have clear evidence of the difference the admission of that particular extra child or young person will make, and which students will be affected by this.