R (GB) v Hampshire County Council
[2019] EWHC 3572 (Admin)
Independent editorial summary — not the official judgment. Read the full judgment via the source link.
Ratio Decidendi
Local authorities must assess and make provision for children with special educational needs within statutory timeframes; failure to do so is unlawful.
Facts
A parent challenged the local authority's failure to finalise an Education, Health and Care plan within the 20-week statutory timeframe.
Judgment Summary
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.
Key Quotes
"Parliament set clear timeframes for EHC assessments. Systematic failure to meet them is unlawful."
— Lieven J
Subsequent Treatment
Cited in subsequent SEND tribunal and judicial review cases.
What To Do Next
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