L (by her litigation friend N) v Devon County Council

L (by her litigation friend N) v Devon County Council

Regulation 20 must be read with Regulation 22; the plain meaning of 'notify' in Regulation 20(10) in the context of the statutory scheme means that the local authority must notify the relevant people of the substance of the proposed way forward, including a draft of the proposed amendments, within four weeks of the review meeting. The Regulations impose a strict timetable for notifying proposed amendments, and the absence of an express time limit does not justify a flexible or resource-dependent approach.

Parties
First Claimant: L (by her litigation friend N); Second Claimant: M (by her litigation friend O); Third Claimant: P (by his litigation friend Q); Defendant: Devon County Council
Jurisdiction
England and Wales
Judgment Date
08 March 2022
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Judicial review allowed
Legal Topics
Statutory Interpretation, Education Health and Care Plans, Time Limits in Administrative Processes, Children and Families Act 2014, Special Educational Needs and Disability Regulations 2014
Administrative Law Education Law Special Educational Needs Statutory Interpretation Education Health and Care Plans Time Limits in Administrative Processes Children and Families Act 2014 Special Educational Needs and Disability Regulations 2014

Case Brief

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Parties

L (by her litigation friend N)

First Claimant

M (by her litigation friend O)

Second Claimant

P (by his litigation friend Q)

Third Claimant

Devon County Council

Defendant

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Special Educational Needs and Disability Regulations 2014 impose a fixed timeframe for notifying proposed amendments to an EHC plan following an annual review
  2. 2 Whether Regulation 20 must be read with Regulation 22 to require notification of proposed amendments within four weeks of the review meeting

Ratio Decidendi

Regulation 20 must be read with Regulation 22; the plain meaning of 'notify' in Regulation 20(10) in the context of the statutory scheme means that the local authority must notify the relevant people of the substance of the proposed way forward, including a draft of the proposed amendments, within four weeks of the review meeting. The Regulations impose a strict timetable for notifying proposed amendments, and the absence of an express time limit does not justify a flexible or resource-dependent approach.

Court Disposition

Judicial review allowed

Orders

  • Declaration that the local authority must notify the substance of proposed amendments to an EHC plan within four weeks of the annual review meeting, in accordance with Regulations 20 and 22.