Gilliatt A foster parent wished to appeal to the SENT against a decision to refuse to provide a statement in respect of a child with special educational needs. The definition of a parent under s 114(b) of the Education Act 1993 included any person who has care of a child ‘unless the context otherwise requires’. It was argued that the local authority with parental responsibility or the natural parents should take precedence over a foster parent. The court held that the words ‘unless the context otherwise requires were insufficient to exclude a foster carer as a person involved in the full-time care of a child on a settled basis. It might well be in the child’s interests that a case could be taken to the SENT if there was a disagreement between the statutory parent and the actual carer.
Judges:
Mr Justice Laws
Citations:
[1996] EWHC Admin 38
Statutes:
Jurisdiction:
England and Wales
Education
Updated: 10 July 2022; Ref: scu.136586