What degree of specificity is required in an EHCP? (Worcestershire County Council v SE)

Article summary

Local Government analysis: In the Council’s appeal, the Upper Tribunal (UT) Judge Mark West had to consider the argument that the First-tier Tribunal (FTT) had erred in using its own expertise to determine issues and had failed to explain why it departed from the evidence before it or give the parties an opportunity to consider or comment on its thinking. He rejected these arguments and refused to grant the appeal. This case provides a useful and exhaustive summary of the key authorities on the degree of specificity required of provision in an Education, Health and Care Plan (EHCP). Further, it emphasises the need for tribunals to carefully consider all procedural rules and evidence before it (which the FTT had done in this case) and reaffirms the very purpose of appeals, which is not to re-litigate a question of fact already determined by the FTT simply because it is disagreed with.