High Court Concludes by Consent Order a Case Regarding a Child with Complex Educational Needs

39 Essex Chambers’ barrister Eleanor Leydon successfully acted on behalf of a 10-year-old girl with special educational needs and diagnoses of autism, ADHD, anxiety, and avoidant/restrictive food intake disorder (‘ARFID’).

The Claimant’s ARFID resulted in her being fed through a feeding tube. Due to her extreme anxiety around attending school, she had not attended school for several years, and in 2022 the Local Authority were ordered to provide an at-home (‘EOTIS’) package of education, which is detailed in the Claimant’s EHCP. However, and despite numerous requests, the Claimant’s family faced lengthy delays in the implementation of the EOTIS package.

During the course of pre-action correspondence in respect of the EHCP provision, the Local Authority’s Child in Need team also decided to cease all involvement with the Claimant’s family.

Proceedings were issued in respect of both the Local Authority’s failure to secure the provision specified in Section F of the Claimant’s EHCP, and the decision of the Child in Need team to cease their involvement with the Claimant’s family.

The Local Authority did not file an Acknowledgement of Service or respond to the claim in any way within the 21-day period. Permission was granted on all grounds, and the Local Authority ordered to serve detailed grounds of resistance within 35 days. Subsequently, the Local Authority conceded the claim in full.

Proceedings concluded by way of a consent order which declared the Local Authority’s failure to secure the EHCP provision, and its social care decision, unlawful; contained a mandatory order requiring the Local Authority to secure the Section F provision; and an order quashing the social care decision and requiring the Local Authority to undertake a fresh social care assessment of the Claimant, as well as paying the Claimant’s costs.

The Local Authority’s fresh social care decision concluded that child in need planning should resume in respect of the Claimant. The plan will include a structured approach to supporting the Claimant to move away from one-to-one provision and increase the Claimant’s access to community-based activities and environments.

39 Essex Chambers’ barrister Eleanor Leydon was instructed by Karen May from Bindmans.