Gilliatt The parents appealed against the SENT’s decision not to treat a statement which did not specify the number of hours a particular type of support should be given as unlawful and to uphold the LEA’s recommendation as to placement. The parents had withdrawn their child from a state school and transferred him to a fee paying school suitable for children with severe dyslexia. The court followed the decision of Schiemann J in R v Cumbria County Council ex parte P [1995] ELR 337 and ruled that there was no requirement to quantify a certain number of hours of support. The court allowed the appeal in relation to the placement issue. The SENT’s reasons referred to an ‘absence of evidence’ to show that the state school could not have met the child’s educational needs. There had been such evidence before the SENT. The court considered this to cast doubts on the quality of their decision and the case was remitted for rehearing.
Mr Justice Laws
[1997] EWHC Admin 792
Bailii
England and Wales
Education
Updated: 03 January 2022; Ref: scu.137737