3PB's Education Law Team Training Update Seminar 2 - 22 June 2017

3PB's Education Law Team Training Update Seminar 2 - 22 June 2017

22nd June 2017 Location: 3PB's Chambers, London

The Interaction between the 2014 Children and Families Act and the Care Act

The 2014 Act and the Care Act made important changes to the rights of disabled persons with EHC Plans.  The extent of the development of this area of law has not been fully appreciated. The recent case of East Sussex County Council v TW [2016] UK UT528 (AAC) dealt with the new law and how it affects particularly social care provision which is now educational provision.  Judge Jacob of the Upper Tribunal, referred in his special educational provision which is clearly defined in the earlier legislation and “deemed” special educational provision with regard to EHC Plans and which is now in the jurisdiction of the Special Educational Needs and Disability Tribunal by the 2014 Act.

The case involves the issue of:

  1. Whether the 2014 Act changed the old law and social care provision was now within the jurisdiction of the Tribunal and Section F of EHC Plans.
  2. Whether a Waking Day Curriculum actually existed, and the term should be retired.
  3. Whether the law had changed on specific educational provision.
  4. Whether more than one institution should be placed in Section I of an EHC Plan.

John Friel won all three points of statutory construction particularly the most important one in this case as it was argued that the old law applied and nothing had changed Judge Jacob accepted effectively all of his submissions involve Section 21(5) and on the issue of Waking Day Curriculum.

The seminar will address the ongoing implications of new legislation, this judgment, and practical problems.  The judgment leaves open a number of issues. 

The seminar will be led by John Friel who argued the case on behalf of Mr T W and supported by Emma Waldron and the team at 3PB. 


17.30 - Registration with refreshments at 3PB's London chambers
18.00 - Session starts promptly
19.30 - Session ends with networking afterwards over drinks and nibbles

Places are limited. To book your free place please click the buttons above to link to our online registration forms. Please extend the invitation to members of your team.

For further details contact Delphine Avondo on 0117 928 1520 or by email: delphine.avondo@3pb.co.uk

This seminar is accredited with 2 CPD points


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