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New court decision

(8 Posts)
Nennypops Wed 02-Apr-14 23:43:44

Looks potentially helpful - www.maxwellgillott.com/news/2014/apr2014-judgement-paves-way-disabled-children-families.aspx

HoleySocksBatman Thu 03-Apr-14 10:34:38

Message withdrawn at poster's request.

Ilisten2thesoundofdrums Thu 03-Apr-14 13:07:57

That link won't work for me???

ouryve Thu 03-Apr-14 13:37:34

Give it another go. It's fine here.

Are you behind a filter?

It's interesting stuff and backs up the Baker Tilly report that was commissioned by NASS. And quite welcome here, since I never know when we might need this, as the boys grow.

TOWIESpringHasSprung Thu 03-Apr-14 17:43:29

It absolutely amazes me that common sense didn't prevail in this case and that the LA were so hell-bent on not submitting to parental choice that they tried to play around with the costs. Poor parents to have to go through all of this. Good on the likes of David Wolfe QC to represent the parents on a no win/no fee basis

It is very good news that the Court of Appeal found this.

Lord Dyson, the Master of the Rolls, held that the term "public expenditure" in section 9 Education Act 1996 bears its natural meaning, i.e. any expenditure incurred by a public body, and it could not be restricted to expenditure in the provision of education

Because this doesn't just mean the social care costs in this particular case, but hopefully means other expenses.

My LA tried to argue during Tribunal that the £15k per annum that it would cost to taxi my DS to the school they wanted was not an educational cost so shouldn't be counted (even though there's strong case law that transport has to be included) My LA would much rather give £15,000 to a taxi firm than to use the same money for an education my DS could access hmm

Hopefully this will become case law so LAs can no longer mess around with tax payers money to deny children provision.

manishkmehta Thu 03-Apr-14 20:56:02

Excellent... here is the full transcript if you can't access the link above...
www.bailii.org/ew/cases/EWCA/Civ/2014/398.html

TOWIESpringHasSprung Fri 04-Apr-14 10:01:20

IPSEA have written a synopsis of this new ruling. It is very good news for parents battling with their LAs for the correct school placement.

Haining v Warrington - Press release 2/4/14

Nennypops Fri 04-Apr-14 19:10:07

I suppose Warrington fought this to try to establish the legal principle for the purposes of other cases rather than because they were so desperate to carry on spending more than they needed to for this child. However, it does sound as if the arguments they put forward were nonsensical. If they think it's as difficult as they claimed to get information out of other departments and the NHS, I wonder how they think they're going to cope with EHC plans?

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