Requesting an independent school or college

London Borough of Hillingdon v SS and others (SEN) [2017] UKUT 250 (AAC): This case sets out the law to be applied when a parent or a young person makes a request for an independent placement.

EC v North East Lincolnshire LA (HS) [2015] UKUT 0648 (AAC) [2016] ELR 109: Where the parents are asking for an independent school, the First-tier Tribunal must first consider whether the parents’ and the LA’s choices can meet need. If they can both meet need, then it must then consider whether the additional expense is justified by any advantages attending that school would have for the child or young person.

Hampshire CC v R & Sendist [2009] EWHC 626 (Admin): If the preferred placement is more expensive this doesn’t necessarily constitute unreasonable public expenditure. The tribunal must carry out a balancing exercise and can look, in addition to the educational benefits, at the wider health and social care benefits for the child to attend the school of the parent’s choice.

Haining v Warrington Borough Council [2014] EWCA Civ 398 CA: Costs savings to the LA of the child attending the school the parent prefers are also relevant. For example, the saving to the LA of a respite care place which will not be needed if the child goes into a residential school, onsite staff specialism/therapies which would otherwise present a cost to LA/NHS, or direct payments for social care which the parents may now no longer need.