logo-education
0370 270 6000

already registered?

Please sign in with your existing account details.

Sign in with LinkedIn

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Register with LinkedIn

Forgotten your password?

Browne Jacobson home arrow Home arrow Insights arrow Blogs arrow Case update on SEN statements

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

Government guidance on Higher Education - updated

On 30th September, the government updated its guidance to universities on re-opening their buildings and campuses.

View blog

Government guidance on Covid-19 for Higher Education (HE) institutions

Following the Prime Minister’s announcement on new measures to tackle Coronavirus, and with students about to start new terms, the government has updated its guidance to universities to make their buildings and campuses as safe as possible.

View blog

Government announces ten-year programme of school rebuilding

Ambitious funding plans, announced recently by the Prime Minister, have made clear that spending on school buildings is seen as a key element of efforts to stimulate the economy post-COVID.

View blog

Members of academy trusts have fiduciary duties

We are increasingly asked are there any limits on how members can exercise their powers.

View blog

View all blogs
Laura Murphy

Laura Murphy

Associate

View profile

mailing list sign up



Select which mailings you would like to receive from us.

Sign up

information

  1. Investors in people
  2. Lexcel
  4. Plain English Campaign Approved

follow us...

© Copyright Browne Jacobson LLP 2020 - All rights reserved