Tag Archives: post-16

Upper Tribunal SEN Case Can Home be Placement in EHCP

The Upper Tribunal recently considered an appeal on the Education Health and Care Plan for a young man in East Sussex [LINK]. The judgment included the following:

“Theo’s home is where he lives. It is not a proper use of language to say that his home is somewhere ‘to be attended by’ him. Nor is it a proper use of the word to describe his home as an institution, whatever the specific meaning of that word” 

Specialist solicitor Ed Duff has commented that “The issue of whether home tuition can be named in an EHCP is new. The Education Act specifically permitted it. The Upper Tribunal has noted that the Children and Families Act has no equivalent provision enabling home tuition to be named.” 

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