AA v LBH [2017] UKUT 0241 (AAC)- Transport to school can be included in EHC Plans.

04.07.17 | |

Louise Price, instructed by Samantha Hale at Simpson Millar, appeared for a young child who has severe learning difficulties in an appeal to the Upper Tribunal. The appeal challenged a decision that the First-tier Tribunal had no jurisdiction to consider home to school transport and whether it should be included in an EHC Plan.

 

This decision in AA v LBH [2017] UKUT 0241 (AAC) demonstrates the limits of the decision in Staffordshire County Council v JM [2016] UKUT 0246 (AAC) in which it was held that home to school transport is not a special educational need nor can it be special educational provision. In AA the Upper Tribunal recognised the different statutory framework concerning the provision of transport that applied to children and young people and confirmed that there is no authority that states that as a matter of law, transport needs cannot constitute a special educational need and that measures to deal with them can never in any circumstances whatsoever be specified in the plan. This reaffirms paragraph 9.215 in the Code of Practice, which Staffordshire had suggested was wrong. 

« Back to listing

About cookies on our website

Following a revised EU directive on website cookies, each company based, or doing business, in the EU is required to notify users about the cookies used on their website.

Our site uses cookies to improve your experience of certain areas of the site and to allow the use of specific functionality like social media page sharing. You may delete and block all cookies from this site, but as a result parts of the site may not work as intended.

To find out more about what cookies are, which cookies we use on this website and how to delete and block cookies, please see our Which cookies we use page.

Click on the button below to accept the use of cookies on this website (this will prevent the dialogue box from appearing on future visits)