The Upper Tribunal has issued its decision in the case of Buckinghamshire County Council v SJ  UKUT 254 (AAC), which deals with important issues for young people with SEN and their families. IPSEA were very pleased to have been able to support the parents both in the First Tier Tribunal and in the Upper Tribunal, after the Local Authority appealed against the First Tier Tribunal’s decision ordering an EHC plan to be issued for the young person. IPSEA are very grateful to David Wolfe QC, who represented the family on a Pro-Bono basis in the Upper Tribunal where he was able to make crucial points on the issues, which will be of wide interest to other cases. The decision provides much-needed clarity on how Tribunals should deal with appeals involving young people, including those cases where the young person lacks the mental capacity to conduct an appeal themselves. The decision is also a very positive one for young people as it confirms the wide category of those who might need an EHC plan, and firmly rejects the suggestion (being made increasingly frequently by Local Authorities) that it is only those who are seeking to study and gain further qualifications who would qualify for such a plan.
The full decision can be found here.
The case was also linked with another case Hillingdon LBC v WW  UKUT 253 (AAC) and we have written an article with the Solicitors who were involved in that case, which can be found here.
Our Tribunal Helpline Gives next step advice on SEN appeals and disability discrimination claims to the Special Educational Needs and Disability Tribunal. When you call we will also assess whether you need casework support. Please click here to book an appointment to get one of our advisers to call you back.