England and Wales Case Law

PZP, R (on the application of) v HS Academy Trust & Anor

Both claims fail because the IRP made PZP's family aware of their right to adjourn for SEN expert, and the family voluntarily, knowingly waived it; IRP's recommendation for GDP reconsideration, though lacking explanation, was not materially irrational given subsequent GDP reconsideration; STW's claim fails as no evidence established X's involvement in prior incident, IRP's error on protected characteristic was immaterial, and equalities duties were substantively considered throughout the process.

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• Permanent exclusion
• Special educational needs
• Procedural fairness
• Public sector equality duty
• Racial discrimination
• Judicial review standards

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The Governing Body of a School v M

The Upper Tribunal dismissed a school governing body’s appeal about late admission of a disability discrimination claim concerning a permanent exclusion.

• Disability discrimination in schools
• Tribunal procedure
• Time limits for claims
• Permanent exclusion
• Special educational needs
• Disability-discrimination

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London Borough of Hillingdon v AP & Anor

The appeal is academic as there is no substantive dispute between the parties; AA's placement and EHCP have been reviewed and acted upon, and no practical benefit would result from any order or declaration. The case does not meet the threshold for wider public interest to justify hearing an academic appeal.

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• Special educational needs
• Education, health and care plans
• Academic appeals
• Public expenditure
• Tribunal procedure

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KXO & Anor v Devon County Council

The Court’s permission or approval is not required for the discontinuance of these claims under CPR 38 or CPR 21.10 because the notice was unilateral and not pursuant to a settlement or compromise. The Notice of Discontinuance brought the proceedings to an end as of 5 January 2026, save for costs. The claims were in any event totally without merit due to the availability of an alternative statutory remedy. The Claimant’s Litigation Friend is liable for the Defendant’s costs, to be assessed if not agreed, but not to be enforced without leave of the Court.

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• Judicial review procedure
• Discontinuance of proceedings
• Reasonable adjustments
• Costs orders
• Children and families act 2014
• Special educational needs

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BZP & Anor v Warwickshire County Council

The Upper Tribunal dismissed an appeal about an EHCP for a child with special educational needs, upholding the First-tier Tribunal’s approach to a small class and psychotherapy provision.

• Special educational needs
• Tribunal jurisdiction
• Evidence requirements
• Precision in educational plans
• Special-educational-needs
• Educational-health-and-care-plan

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London Borough of Hillingdon v AP & Anor

London Borough of Hillingdon v AP & Anor [2026] EWCA Civ 216 (04 March 2026)

Court of Appeal dismissed a local authority’s challenge to an EHCP tribunal decision as academic, finding no live dispute or practical benefit.

• Special educational needs
• Education, health and care plans
• Judicial review
• Academic appeals
• Public expenditure in education
• Special-educational-needs

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MB v Hertfordshire County Council

Upper Tribunal held the First-tier Tribunal used the wrong legal approach and gave inadequate reasons when rejecting proposed EHC plan provisions, but did not set the decision aside.

• Special educational needs
• Ehc plans
• Tribunal procedure
• Error of law
• Adequacy of reasons
• Special-educational-needs

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KXO & Anor v Devon County Council

KXO & Anor v Devon County Council [2026] EWHC 203 (Admin) (03 February 2026)

The Administrative Court held that a notice of discontinuance ended a judicial review concerning EHCP amendments, and ordered the claimants’ litigation friend to pay costs.

• Judicial review
• Education, health and care plans (ehcps)
• Special educational needs
• Reasonable adjustments
• Discontinuance
• Costs

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CHO, R (On the Application Of) v Governing Body of Lonsdale School & Ors

CHO, R (On the Application Of) v Governing Body of Lonsdale School & Ors [2026] EWHC 166 (Admin) (30 January 2026)

Judicial review over reduced Friday hours at a special school failed. The court held the decision was made by the school for staffing reasons, not by the local authority or for cost-cutting.

• Disability discrimination
• School hours
• Special educational needs
• Non-statutory guidance
• Judicial review procedure
• Judicial-review

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Hampshire County Council v GC & Anor

The Court of Appeal held that Hampshire could not cease to maintain a child’s EHCP during a temporary overseas deployment and dismissed the appeal.

• Special educational needs
• Education, health and care plans
• Jurisdiction of tribunals
• Habitual residence
• Procedural compliance
• Children of service personnel

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