Ratio Decidendi
Local authorities must assess and make provision for children with special educational needs within statutory timeframes; failure to do so is unlawful.
Fapte
A parent challenged the local authority's failure to finalise an Education, Health and Care plan within the 20-week statutory timeframe.
Rezumatul hotărârii
The court held the delay was unlawful and granted a mandatory order requiring the local authority to finalise the EHC plan. Systematic failures to meet statutory timeframes could give rise to judicial review.
Citate cheie
"Parliament set clear timeframes for EHC assessments. Systematic failure to meet them is unlawful."
— Lieven J
Tratament ulterior
Applied
Cited in subsequent SEND tribunal and judicial review cases.