Source: All England Reporter
Publisher Citation: [2002] All ER (D) 183 (Nov)
Court: Administrative Court

Pitchford J

Representation Dan Squires (instructed by Coningsbys, Croydon) for the claimant.
  Clive Sheldon (instructed by Rosemary Boyle, Cambridge) for the local education authority.
Judgment Dates: 31 October 2002


Education - Special educational needs - Duty of local education authority - Scope of duty to provide for special educational needs - ss 312(4), 324(3), 324(5).

The Case

Having regard to the definition of 'special educational needs' in s312(4) of the the scope of the duty imposed on local education authorities by s324(5)(a) to meet those needs was to provide any educational service that was not generally available in maintained schools. That duty, however, did not require the provision of a service that was not educational in the wider sense approved by previous authority. Accordingly, if a special educational needs tribunal found that the special needs of the child in question included, for example, language therapy at home, the local education authority, and not the parent, would be under a statutory duty to provide it.

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