In SG v Denbighshire County Council [2018] UKUT 369 (AAC), the Upper Tribunal confirmed that you do not need to know the precise medical cause of a child’s SEN to determine their needs or the provision required.
As the Tribunal stated:
“Needs may be accurately assessed without knowing their precise cause. Once needs are accurately assessed, the necessary educational provision can be fixed. Neither process always requires a precise diagnosis to be carried out lawfully.” (para. 39)
It went on to confirm that:
“A…lack of a confirmed diagnosis should never delay or prevent the identification of needs and the specification of appropriate provision.” (para. 40, paraphrased for clarity)
The Tribunal emphasised that:
a) SEN can be accurately assessed without a definitive medical diagnosis.
b) Once the needs have been identified, the requisite provision can be specified.
c) An absence of a confirmed aetiology (the cause or origin of a condition) should never be a reason to delay or withhold appropriate support.
This is a clear reminder to schools, local authorities, and parents: provision must be driven by the child’s actual needs and their impact on learning, not by whether there is a medical label.
The judgment can be accessed here: https://www.gov.uk/
Disclaimer: This post is intended for general information purposes only and does not constitute legal advice.
Is It Necessary to Identify the Cause of a Child’s Special Educational Needs?
In SG v Denbighshire County Council [2018] UKUT 369 (AAC), the Upper Tribunal confirmed that you do not need to know the precise medical…