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. 

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