CB v Birmingham City Council (SEN): [2018] UKUT 13 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Lane on 11 January 2018.

From:
HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
Published
19 January 2018
Categories:
Special educational needs
Sub-categories:
Special educational needs - other and Special educational needs - failure to prepare an EHC plan under Children & Families Act 2014
Judges:
Lane, S
Decision date:
11 January 2018

Read the full decision in .

Judicial Summary

LA refused to issue an EHC plan following assessment. Main issue was whether the child鈥檚 SEN could reasonably be provided for within the resources normally available to mainstream 鈥chools鈥�

What resources were 鈥榥ormally available鈥�?

Relevance of local offer in assessing what was normally available. No requirement for LA to show that a particular form of provision was available in each and every mainstream school in its area.

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Published 19 January 2018
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