Tribunal Judge Rules on Education Plans for Children with Special Needs

Judge Price's Ruling and Implications

Judge Price of the Upper Tribunal ruled that the test for ceasing an EHCP – a legally binding document which outlines what educational provision a child or young person needs - is one of necessity.

The judge emphasised that a certain level of educational attainment is not required to justify an EHCP, and that the decision must be based on whether the special educational provision is necessary for the individual’s needs.

The Tribunal further criticised the FtT’s reasoning, which suggested that because significant support was needed for minimal progress, an EHCP was no longer necessary. The judge clarified that the potential for future learning, regardless of the level of progress, is a relevant factor.

The case has been sent back to the FtT to reconsider whether the EHCP should continue until the next annual review.

Commenting on the outcome, Elisa Jenkins from Simpson Millar said the decision has implications for local authorities across the country because it reinforces that the decision to cease an EHCP cannot be based on the difficulty of meeting a child's needs or the perceived cost-effectiveness of the provision.

Instead, each case must be considered on its individual merits, ensuring that the rights of children with special educational needs are upheld.

Context and Expert Commentary

The judgment also coincides with an investigation from the BBC which found that Councils in England are forecasting a massive £1bn shortfall in budgets for supporting children with special educational needs. A deficit that Elisa says could have ‘devastating consequences’ for families across the country.

She added: “This is a significant ruling that highlights the duty of local authorities to provide for the educational needs of children with EHCPs, regardless of the undeniable challenges involved in some cases. It highlights the principle that the provision of an EHCP should be based on the individual needs of the child, not on a cost-benefit analysis or whether provision should be provided at all.

“We are pleased to have secured such a positive outcome for the family, as it provides reassurance for EM’s future after what has been a difficult and challenging time.”

Ollie Persey of Garden Court Chambers, EM's barrister, added: "This decision provides helpful guidance on the important issue of when a local authority can lawfully cease to maintain an EHCP.  I am really pleased for our client, and I hope that these proceedings lead to special educational provision being put in place."