RG v Special Educational Needs & Disability Tribunal & Another [2005] QBD (Admin)

The Claimant parent (R) appealed against the decision of the first defendant, Special Educational Needs & Disability Tribunal regarding the contents of a statement of special educational needs for his son (E) aged 11.  E had athetoid and spastic cerebral palsy and exceptional special educational needs.  The second defendant, the local authority, prepared a statement of special educational needs for E and named a special school that was in its borough.  R wanted E to attend a different school in a different borough as he alleged that the named school would not satisfy E’s needs and was too far away from the hospital that E regularly attended.  R appealed the decision and the tribunal balanced the needs of the local education authority with E’s educational needs and decided that the first school would be adequate for E’s needs.  R argued that the tribunal had recognised that E’s non-attendance at school due to hospital appointments rendered the first school an unsuitable school and had erred in balancing R’s preferred school against the extra costs to the second defendant.

The court found that it was not implicit in the tribunal’s decision that it had found the first school was unsuitable to meet E’s needs.  The tribunal had correctly balanced the additional costs to the second defendant of sending E to R’s preferred school against R’s preference and decided it was appropriate to name the first school in the statement.  Appeal dismissed.

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