Date: Wednesday 19th January 2022
Time: 10:00 – 11:00
Speaker: Paul Greatorex
The situation where a school placement breaks down and a child has to be educated otherwise than at school whilst the EHC plan process takes its course is not an uncommon one. R (Q) v Staffordshire CC [2021] EWHC 3486 (Admin), which has just been published, was one such case where the child was out of school for approximately 12 months. It was claimed the local authority was in breach of its duty under section 19 of the Education Act 1996 because the interim education with an alternative provider was not ‘suitable’ and there was also a claim for damages for breach of the child’s right to education under Article 2 of Protocol 1 of the ECHR. This case provides important guidance for local authorities, as well as claimant solicitors, in this area of the law. Paul Greatorex represented Staffordshire County Council and will explain the decision and its implications.
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