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Transport - case law

1 reply

wasuup3000 · 25/08/2010 18:56

Thought this was interesting if anyone is going through a transport appeal like me. The LEA are saying that the school they have named on the statement is not the nearest suitable school (which it is but thats another story.

SEN; SCHOOL NAMED IN PART IV AND TRANSPORT COSTS
In the case of a child with a statement of SEN which names a school, it is not open to a LEA to decide that the child should attend another school which is closer to his or her home, if that school is not named in Part IV. In such a case if only one school is named in Part IV then that is regarded as the only suitable school for the time being. R. v. Havering LBC , ex parte K [1998] ELR 402, 408B-E.

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StarlightMcKenzie · 25/08/2010 20:44

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