Lawfulness of relaxation of duties to children with special educational needs (R (on the application of Shaw) v Secretary of State for Education)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

Local Government analysis: The claimant challenged the government’s relaxation of certain statutory duties owed to children with special education needs (SEN) during the coronavirus (COVID-19) pandemic. Among the duties which the government adjusted was the absolute duty to provide for a child’s SEN in accordance with an education, health and care plan (EHCP), so as to make the duty one to use ‘best endeavours’ to ensure provision for the child. The claimant argued that the decision to relax the statutory duties was unlawful on various public law grounds including a failure to consult, irrationality and breach of the principle of proportionality. The court held that the challenges were either unarguable or failed on the facts. Written by Denis Edwards, barrister at Normanton Chambers.