CYP Now - Legal Update: Parent power in EHCPs

An important decision from the Upper Tribunal has upheld a holistic interpretation of section 9 of the Education Act 1996, the general principle that children will be educated in accordance with their parents’ wishes, with a duty on the local authority to specify the parent’s preferred school in a child’s education, health and care plan (EHCP) if it is considered suitable for their needs, offers “efficient” education and avoids unreasonable public expenditure.

Case widens scope for parents to raise any benefits. Picture: Monkey Business/Adobe Stock

This was tested in the recent case London Borough of Croydon v K.A. [2022] UKUT 106 (AAC), which saw the local authority’s attempt to narrow section 9 of the Education Act 1996 to educational benefits alone rejected by the Upper Tribunal.

The case related to a 13-year-old boy, “J”, who has a severe bilateral spastic quadriplegia form of cerebral palsy. J is non-verbal, doubly incontinent, non-ambulant and a full-time wheelchair user who requires hoisting for all transfers during the day. He has serious respiratory problems, profound multiple learning difficulties, and is reliant on adults for all his personal care and mobility needs.

Register Now to Continue Reading

Thank you for visiting Children & Young People Now and making use of our archive of more than 60,000 expert features, topics hubs, case studies and policy updates. Why not register today and enjoy the following great benefits:

What's Included