James Goudie KC succeeds in home to college transportation case

Cases

James Goudie KC, instructed by Guy Darvill of Staffordshire County Council, acted for the County Council in its successful appeal to the Upper Tribunal Administrative Appeals Chamber from a First-tier Tribunal (Special Educational Needs) decision in Staffordshire County Council v JM & SM, (2016) UKUT 0246 (AAC), in which reasons have just been given. The Upper Tribunal holds in favour of the County Council that special educational needs should not include any need for transportation to and from a college specified in an EHC Plan, and that the special educational provision that a local education authority is required to make does not include home to college transportation to the specified college. The First-tier Tribunal had no jurisdiction over the transportation. That is a matter for the local authority under Section 508F of the Education Act 1996, as amended. Their decision is not appealable to the First-tier Tribunal.