The claimant was a 14-year-old teenage boy, who had severe autism. In 2007, the local authority began to provide him with respite care and he was recognised as a "looked after" child in accordance with Sections 22 and 23 of the Children Act 1989. A Statement of Special Educational Needs (SEN) was also prepared and the consultant psychiatrist at the respite care centre suggested the claimant should have a 52-week residential placement. A further SEN statement was prepared, which stated that once the claimant moved into the residential school, he would no longer be recognised as a "looked after" child in accordance with the Children Act 1989, but would instead be accommodated under the Education Act 1996.
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