Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

authorities definition

What does authorities mean? Authorities are the legal sources a lawyer relies on to justify a proposition of law in submissions, skeleton arguments and judgments. The term is descriptive and widely used across England & Wales, Scotland, Northern Ireland and Ireland, rather than being defined by statute. Authorities typically include: primary legislation and subordinate legislation; binding appellate case law within the relevant jurisdiction; and, as persuasive material, decisions from other UK or foreign courts, tribunal rulings, EU and ECHR jurisprudence where applicable, and reputable academic commentary. In Scotland, the writings of the institutional writers (e.g. Stair, Erskine, Bell) may carry particular weight. Textbooks and...

Special educational needs in England: identifying needs, distinguishing educational from health/social care provision, EHCP drafting and enforceability, and SENDIST appeals

Published by a LexisNexis Local Government expert

Practice notes

Local authorities (LAs) are under a duty, in specified circumstances, to ensure that children and young persons with special educational needs receive the special educational provision required. In carrying out these functions, a Local authority will set out a child’s identified needs within an Education Health and Care Plan (EHCP), differentiating educational needs from health or social care needs. While preparing the plan, the Authority identifies what constitutes educational provision—intended to meet educational needs—and what amounts to provision for health and social care. This divide matters because it determines who is responsible for delivering the necessary provision and how it can be enforced. For an LA, this bears on budgets; for a parent or young person, it concerns practical delivery. This Practice Note describes the process for identifying SEN provision in England and explores the distinction between educational needs and other needs. For the position in Wales, see Practice Note: Special educational needs law in Wales.

What is a special educational need?

In England, a child or young person has...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Matthew Wyard

39 Essex Chambers

Matthew is a public law barrister specialising in disputes arising in the fields of education, health and social care. He has a particular expertise in the devolved regime in Wales having spent the first four years of his career working in the public law team of a national law firm’s Cardiff office. Alongside his core areas of practice, Matthew is developing an expertise in technology and information related issues with a particular interest in artificial intelligence and data privacy. Matthew is the only barrister ranked in the independent directories for his expertise in Welsh specific education law and the only barrister practising from a chambers outside of Wales ranked for Court of Protection and community care work. Alongside his busy barrister’s practise, Matthew sits as a Chair in the Valuation Tribunal for England and is a non-executive director of a higher education...

Laxmi Patel

Laxmi Patel is partner and Head of Education and Boyes Turner LLP. She specialises in advising individuals on their children’s special educational needs and statutory requirements under the Children and Families Act 2014. She has particular expertise in relation to Education, Health and Care Plans (EHCPs) including appealing to the Special Education Needs and Disability Tribunal against the: Refusal to conduct an EHC needs assessment; refusal to issue an EHCP following an assessment; the content of educational provision in an EHCP; the named placement in an EHCP; and a decision to cease to maintain an EHCP. Laxmi regularly represents parents in SEND Tribunal hearings. Laxmi is a regular commentator in the media and Special Educational Needs forums, providing legal advice and training to parent groups, solicitors in other practice areas, education professionals, charities, schools and colleges. She has spoken national...

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...