0370 270 6000

Case update on SEN statements

30 November 2012

The case of Essex CC v Williams [2011] examined whether or not those over the age of 19 met the criteria under the Education Act 1996 to receive a Statement of SEN.

The Court of appeal has now released its judgement setting out that those over the age of 19 could not be considered a “child” under the Education Act 1996. This will mean that authorities do not have to maintain Statements of SEN past that age.

The court said that for most people it would be absurd to refer to a young adult of 20 years or more as a ‘child’ and that they would not extend the specific definition of child as set out in the Act.

Extending this provision would have far reaching budgetary implications, as well as raising safeguarding concerns around teaching adults alongside children. It looks like there will be a further appeal, which we will again follow with interest.

Related opinions

The role of benchmarking in setting pay in schools

The use of salary benchmarking data is common place in most sectors in the UK and it’s great to see that CST’s salary survey for school trusts is growing with a higher number of participating organisations and included job roles. This years’ survey includes over 2000 job roles and 147 participating organisations.

View blog

How does the UK Education Sector fare amidst the energy crisis?

The world is currently living through one of the most significant global energy crises that has been seen in modern times, with energy prices and bills soaring at an unprecedented rate. With the added pressures of the Russian invasion of Ukraine and the slowdown in China’s economy, these soaring energy prices are continuing to strangle the global economy.

View blog

Grammar schools revisited?

The words “Grammar schools” are once again being whispered in government and the question of whether the creation of new grammar schools will finally be implemented as a central focus to DFE policy has re-surfaced.

View blog

Why you shouldn’t buy a dragon with school budget

As a result of a recent Charity Commission legal action, the former trustee of a Welsh charity was ordered to pay over £117,000 to Wrexham charities which support cancer patients.

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up