Hampshire County Council v (1) GC (2) GC (SEND): [2024] UKUT 128 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge West on 24 April 2024.
Read the full decision in .
Judicial Summary
Judicial Summary: Special educational needs � child with Education, Health and Care Plan (EHCP) � father in Royal Navy deployed overseas and family accompanying him - effect of naval service overseas on child’s EHCP � effect of breach of reg.31 of Special Educational Needs & Disability Regulations 2014 � whether regulation mandatory - whether local authority entitled to cease to maintain child - ss.24 & 45 of the Children & Families Act 2014 � whether local authority still responsible for child “in the authority’s area� � whether test of ordinary residence or some other test based on child’s presence in the area � whether EHCP can be “paused� or “frozen� during deployment overseas - appeal dismissed