Nottinghamshire County Council v SF And GD (Rev 1)

Nottinghamshire County Council v SF And GD (Rev 1)

The First-tier Tribunal was entitled, on the facts and using its specialist expertise, to conclude that an EHC plan was necessary for HD because the provision made by his school exceeded what is generally available nationally, and constant monitoring and adaptation required for his needs was not resourced by the school. The statutory test is fact-specific and not constrained by the Code of Practice. There was no error of law in the tribunal's evaluative judgment.

Parties
Appellant: Nottinghamshire County Council; Respondents: SF and GD
Jurisdiction
England and Wales
Judgment Date
03 March 2020
Procedural Posture
Civil Appeal / Appeal From Upper Tribunal to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Special Educational Needs, Education Health and Care Plans, Statutory Interpretation, Tribunal Appeals
Education Law Administrative Law Disability Law Special Educational Needs Education Health and Care Plans Statutory Interpretation Tribunal Appeals

Case Brief

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Parties

Nottinghamshire County Council

Appellant

SF and GD

Respondents

Procedural Posture

Civil Appeal / Appeal From Upper Tribunal to Court of Appeal

Legal Issues

  1. 1 What is the correct construction of 'necessary' in section 37(1) of the Children and Families Act 2014 for issuing an Education Health and Care (EHC) plan?
  2. 2 Did the tribunals err in applying the statutory test to the facts of the case?
  3. 3 Is the Code of Practice binding on the tribunal's decision regarding necessity for an EHC plan?

Ratio Decidendi

The First-tier Tribunal was entitled, on the facts and using its specialist expertise, to conclude that an EHC plan was necessary for HD because the provision made by his school exceeded what is generally available nationally, and constant monitoring and adaptation required for his needs was not resourced by the school. The statutory test is fact-specific and not constrained by the Code of Practice. There was no error of law in the tribunal's evaluative judgment.

Court Disposition

Appeal dismissed

Orders

  • The appeal by Nottinghamshire County Council is dismissed.