LB (R on the application of) v SURREY COUNTY COUNCIL

LB (R on the application of) v SURREY COUNTY COUNCIL

The Defendant breached mandatory statutory duties by failing to provide suitable education, failing to review and secure the EHC plan, failing to provide accommodation, and failing to assess the needs of the child and parent carer within a reasonable period. These breaches were not excused by practical difficulties or lack of available placements. Relief was granted to compel compliance within set timeframes.

Parties
Claimant: LB (a child, represented by her mother and litigation friend, LE); Defendant: Surrey County Council
Jurisdiction
England and Wales
Judgment Date
01 April 2022
Procedural Posture
Judicial Review / Final Judgment After Expedited Hearing
Outcome
Claim allowed. Declarations and mandatory orders granted.
Legal Topics
Provision of Suitable Education, Education Health and Care Plans (ehc), Accommodation for Children in Need, Assessment of Needs Under Children Act, Parent Carer Support Assessment
Education Law Administrative Law Children Law Social Care Law Provision of Suitable Education Education Health and Care Plans (ehc) Accommodation for Children in Need Assessment of Needs Under Children Act +1 more

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Parties

LB (a child, represented by her mother and litigation friend, LE)

Claimant

Surrey County Council

Defendant

Procedural Posture

Judicial Review / Final Judgment After Expedited Hearing

Legal Issues

  1. 1 Whether the Defendant failed to provide suitable education under section 19 of the Education Act 1996
  2. 2 Whether the Defendant breached duties under sections 42 and 44 of the Children and Families Act 2014 regarding the EHC plan
  3. 3 Whether the Defendant failed to provide accommodation under section 20 of the Children Act 1989

Ratio Decidendi

The Defendant breached mandatory statutory duties by failing to provide suitable education, failing to review and secure the EHC plan, failing to provide accommodation, and failing to assess the needs of the child and parent carer within a reasonable period. These breaches were not excused by practical difficulties or lack of available placements. Relief was granted to compel compliance within set timeframes.

Court Disposition

Claim allowed. Declarations and mandatory orders granted.

Orders

  • Declaration that Defendant failed to provide education from 17 October 2021 to 7 February 2022 in breach of section 19 of the Education Act 1996.
  • Order that Defendant make arrangements for education as soon as possible and within 30 days.