Case summary

This case was heard under the old legal framework, but it is still relevant because the principles remain the same.

A child with special educational needs (SEN) had a Statement (now an EHC plan). The SEND Tribunal ordered that the Statement specify the child’s speech and language therapy provision until a certain date, but after this point the local authority (LA) could change the provision following discussions with the parents.

The parents appealed against this wording. They said this would allow the LA to change the provision without going through the legal review process (and therefore denying the parents the right to appeal) and that the provision also lacked sufficient certainty.

The High Court agreed. The provision in the Statement would not be specific if it were left open to variation by the LA without the Statement also being changed.

What does this mean?

An LA must specify provision in an EHC plan and ensure that provision is delivered under the Children and Families Act 2014.

LAs cannot decide by themselves to change the provision as and when it appears to be appropriate. EHC plans can be changed, but only by following the legal amendment process.

No case report is available online.

For more information, see our section on what an EHC plan should contain and changing an EHC plan.