- Making the EHC Plan fit the school (R (on the application of an Academy Trust) v Medway Council)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Local Government analysis: The court held that the local authority had acted irrationally by removing provision from Section F of a child’s EHC Plan without a proper evidential basis. Further it held that the local authority had failed to consult properly with the academy trust and to take notice to its objections to being named in Section I of the Plan. Finally it held that s 33 of the Children and Families Act 2014 did not give a parent an absolute right to a particular mainstream school for their child. Written by Hannah Lynch, barrister at St Pauls Chambers.
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