Jurisdiction(s):
United Kingdom

EHCP responsibility clarified: ‘in the authority’s area’ means ordinary residence; FTT may allow appeals for procedural breaches; LAs can maintain EHCPs without implementation (Hampshire CC v GC, CA)

Published on: 23 February 2026

Published by a LexisNexis Local Government expert

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Article summary

Hampshire County Council v GC and another [2026] EWCA Civ 20

What are the practical implications of this case?

The Court of Appeal sets out clear guidance for local authorities on the breadth of their duties to maintain an EHCP, particularly where a child or young person has more than one address, including looked-after children or those with separated parents.

The judgment confirms that the obligation to maintain an EHCP turns on the child or young person’s ‘ordinary residence’, rather than where they happen to be physically located.
Accordingly, a local authority continues to owe duties to those who are only temporarily away from its area, or even overseas, provided they remain ordinarily resident there.
Identifying a child or young person’s ordinary place of residence is a mixed question of fact and law, demanding careful assessment before deciding to cease maintaining an EHCP.
The ruling also emphasises the procedural safeguards embedded within the special educational needs framework, underlining their practical utility and principled foundation.
The court observed that, in some cases, a failure to consult can be so ‘egregious’ that it warrants setting aside the decision reached...

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