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Legal updates

Sean Kennedy - Legal Adviser for AnnaKennedyOnline

Constructive Knowledge of Disability

Last week the Court of Appeal upheld the earlier decision in Donelien v Liberata UK Limited; this related to the assertion by an employer that they did not have constructive knowledge of an employee's disability and therefore had no duty to make reasonable...

When to be Specific in an EHCp

B-M and B-M v Oxfordshire County Council (SEN) [2018] UKUT 35 (AAC) The recent case of B-M and B-M v Oxfordshire County Council provides some much-welcomed clarity in relation the specificity that should appear in section F of an Education Health and Care...

Mental Capacity Act

The Mental Capacity Act is the law which guides professionals in how to manage decision making for people over the age of 16 years, where the person is unable to make the decision for themselves. It also provides guidance for people over 18 years of age...

A Case of Perceived Disability

In the recent case of the Chief Constable of Norfolk v Coffey the Employment Appeal Tribunal (EAT) considered an appeal by the Chief Constable of a case that went against them in the Employment Tribunal (ET). What was interesting about this case is that it...

Will I Have to Pay the Local Authority’s Costs?

One question parents often ask us is: “If I don’t win my tribunal appeal, will I have to pay the local authority’s costs”? To answer the question, we first have to look at Rule 10, The Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care...

GL v West Sussex CC (SEN) [2017] UKUT 414 (AAC)

This is an interesting case which examines meaning and proper application of the expression “educates or trains” in the context of section 21(5) of the Children and Families Act 2014. This provides as follows: “(5) Health care provision or social care provision which...

‘SEN and EHCP’ workshops

'SEN and EHCP' workshop on 8th November 'SEN and Social Care workshop' on 30th November with our Legal advisor Sean Kennedy. £15 per workshop including lunch 10 am until 2 pm at our Charity Office in Uxbridge Middlesex. To book tickets and for further information...

Staff Training and Reasonable Adjustments

Any business needs to approach the issue of disability from the perspective of both their staff and their customers. For a company to be fully inclusive, the importance of both groups need to given equal weight. But for inclusion to work, it is important to stress...

Getting the most out of your EHCP

Your recent conference just was an emotional day for us as the talks we went to, from experiences by parents, shows how important it is to find organisations such as yourselves and not to be frightened to stand up for all children and know where to get the help. It's...

Consultation – High Needs Funding Reform

The Department of Education is seeking views on proposed improvements to the way that high needs funding is distributed, and other ways we can support the administration of funding for pupils and students with special educational needs (SEN) and disabilities, and for...