L, R (on the application of) V Hampshire County Council

L, R (on the application of) V Hampshire County Council

The Defendant is in breach of its absolute statutory duty under section 42 of the Children and Families Act 2014 to secure the special educational provision in the Claimant's EHCP. The breach has persisted for a significant period, with insufficient evidence of proactive steps or resource constraints. A mandatory order is necessary to ensure compliance, as a declaration alone is inadequate given the history of delay and drift.

Parties
Claimant: L, by his litigation friend and mother, LC; Defendant: Hampshire County Council
Jurisdiction
England and Wales
Judgment Date
25 July 2024
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim allowed
Legal Topics
Special Educational Provision, Education Health and Care Plan (ehcp), Statutory Duties of Local Authorities, Judicial Review Remedies
Education Law Administrative Law Disability Law Special Educational Provision Education Health and Care Plan (ehcp) Statutory Duties of Local Authorities Judicial Review Remedies

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Parties

L, by his litigation friend and mother, LC

Claimant

Hampshire County Council

Defendant

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Defendant is in breach of its absolute statutory duty under section 42 of the Children and Families Act 2014 to secure the special educational provision in the Claimant's EHCP
  2. 2 Whether a mandatory order should be granted compelling the Defendant to secure the provision

Ratio Decidendi

The Defendant is in breach of its absolute statutory duty under section 42 of the Children and Families Act 2014 to secure the special educational provision in the Claimant's EHCP. The breach has persisted for a significant period, with insufficient evidence of proactive steps or resource constraints. A mandatory order is necessary to ensure compliance, as a declaration alone is inadequate given the history of delay and drift.

Court Disposition

Claim allowed

Orders

  • Declaration that the Defendant is in breach of its statutory obligation under section 42 of the Children and Families Act 2014 in failing to secure the special educational provision specified in the Claimant's EHCP.
  • Mandatory order that the Defendant must provide the Claimant with the full provision to which he is entitled under his EHCP by no later than 16 August 2024 (five weeks from judgment).