MH v special educational needs and disability tribunal and another
Case date: 23 June 2004
Ms MH’s twelve-year-old son was the subject of a statement of special educational needs made by the local education authority, who was the second respondent to this appeal. Before making the statement, the authority offered Ms MH an opportunity to say which maintained school she would prefer her son to attend, under paragraph 3 of Schedule 27 to the Education Act 1996 (see below). Ms MH chose a mainstream school, but the authority specified a special school.
Ms MH appealed to the Special Educational Needs and Disability Tribunal (the first respondent to this appeal) who upheld the authority’s decision to reject her expressed preference. She then appealed to the High Court.
In the High Court, the respondents admitted that the appeal should be allowed, since the tribunal’s decision was legally faulty because it had failed to give proper reasons.
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