Powered by Lexis+®
Jurisdiction(s):
United Kingdom

Administrative Court orders LA to secure EHCP‑specified ABA tutors; duty is absolute and non-delegable, not the school’s responsibility (R (HXN) v Redbridge)

Published on: 12 March 2024

Published by a LexisNexis Local Government expert
Legal News
imgtext
Article summary

R (on the application of HXN) v Redbridge London Borough Council [2024] EWHC 443 (Admin) What are the practical implications of this case?

The practical lesson is straightforward: once a specialist need appears in an ECHP, the Local Authority (LA) bears the statutory obligation to satisfy it and cannot shift that responsibility to third parties such as schools. The judgment further makes plain that the LA must do more than allocate budget or funding; it has to procure the concrete provision required, including securing specialist tutors. Moreover, unless some clear alternative factor disrupts delivery in a way that genuinely prevents the LA from providing the service, the duty remains with the LA. Consequently, non-compliance is liable to prompt the court to issue a mandatory order to cure the breach, compelling the LA to perform its statutory functions. A striking feature here was Redbridge’s omission to give the court any plan or timetable to bring its extended failure to an end. That omission stands as a practice pointer for LAs seeking to lessen the impact because, without a mandatory order, the...

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

Popular documents

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

Read More Right Arrow

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...

Read More Right Arrow

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 ...

Read More Right Arrow

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 ]...

Read More Right Arrow