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Havering London Borough Council v Special Educational Needs & Disability Tribunal & (1) MG (2) Barking & Dagenham London Borough Counc

Where a local education authority which was the respondent to an appeal to the Special Educational Needs and Disability Tribunal failed to deliver a statement of case and another authority was interested in the appeal because the school to be specified in the statement of special educational needs was in its district there were exceptional circumstances justifying an extension of time to state a case under the Special Educational Needs Tribunal Regulations 2001 reg 13(5) and reg 51.

6 October 2006

The claimant local education authority applied for judicial review of a decision of the Special Educational Needs and Disability Tribunal naming a school in the local authority's district as the school to be specified in the statement of special educational needs of a young girl (C). C was born in 1995. She had significant general development delay which included difficulties with gross and fine motor movement, understanding, language and expressing herself and significant retardation in basic educational attainments. Although C lived in Barking her mother (M) expressed a preference for her to go to secondary school at a maintained special school in the local authority's area. M's first choice of school was full but her second choice was not and Barking sent M a statement of special educational needs naming the second choice school as C's school. M appealed to the tribunal seeking to have her first choice of school named in the statement. Barking failed to deliver a statement of cas...

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