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Permission granted to bring judicial review proceedings to enforce provision within an Education, Health and Care Plan

Today the High Court has granted permission to a vulnerable child (represented by Michael Charles and Matthew Wyard of Sinclairslaw and Charlotte Hadfield, counsel) with special educational needs to bring judicial review proceedings against Hertfordshire County Council. The Court found it reasonably arguable that the Council failed in its duty to secure the special educational provision outlined within the child’s Education, Health and Care Plan and irrationally failed to utilise its powers under s64 of the Children and Families Act 2014 to provide goods and services to the child’s school to allow it to use its best endeavours to secure special educational provision for the child. A further update shall be provided on this case in due course once the final hearing has taken place. Where a local authority fails to ensure that the provision provided within a child or young person’s Education, Health and Care Plan is not put in place, a judicial review claim can be brought. In the vast majority of cases, such claims can be brought in the child or young person’s name with the benefit of legal aid, meaning that the parents of the child or young person would not be required to fund the claim. If you wish to discuss the provision being provided to your child do not hesitate to contact Sinclairslaw today on 02920 706 444 or by email on education@sinclairslaw.co.uk.