Case overview 

A local authority (LA) appealed (first to the High Court and then to the Court of Appeal) because it objected to speech and language therapy being included in a child’s Statement of Special Educational Needs (this was an earlier version of an education, health and care (EHC) plan).

The LA argued this therapy was not special educational provision.

The LA’s appeal was dismissed because it was found that teaching a child to communicate by speech was no different from teaching him to communicate by writing and both were educational. The provision of speech therapy was special educational provision.

What does this mean?

Under section 21(5) of the Children and Families Act (CFA) 2014, health or social care provision which educates or trains a child or young person is to be treated as a special educational provision. 

Guiding local authorities on how to apply section 21(5) CFA 2014, paragraph 9.74 of the  Special Educational Needs and Disability Code of Practice 2015  states:

“….. since communication is so fundamental in education, addressing speech and language impairment should normally be recorded as special educational provision unless there are exceptional reasons for not doing so.”

Whilst Statements have been replaced with EHC plans since this case, the principles remain the same, meaning this case is applicable to EHC plans.   

No case report is available online.

For more information, see our pages on what an EHC plan should contain, when therapy is classed as a special educational provision and what are special educational needs.