EHCP Compass · Case law
Recent decisions from the Upper Tribunal and the Court of Appeal relevant to some disputes with a local authority — explained in plain English, with practical takeaways.
Primary judgment links checked:
Decisions from higher courts and tribunals can clarify how SEND law should be applied. Whether a decision helps depends on the facts and the court or tribunal hearing the later case. These two 2026 decisions may be relevant to some SEND disputes.
Case 1 of 2
Temporary absence does not by itself end local-authority responsibility
A Royal Navy family on temporary deployment to Dubai. Hampshire County Council tried to cease the child's EHCP, arguing the family was no longer in their area.
On this family's facts, the Court rejected a physical-presence test and held that section 24 uses ordinary residence to allocate responsibility. The child's ordinary residence remained in Hampshire during the temporary Royal Navy posting. The judgment also considered when suitable alternative arrangements can disapply the section 42(2) securing duty.
Practical takeaway
If an authority proposes to cease a plan because of time abroad, check ordinary residence, the section 45 grounds and the consultation process. The result depends on the facts; take individual advice.
Read the Court of Appeal judgment
Decision date: January 2026 (Court of Appeal). Upheld an earlier Upper Tribunal decision.
Case 2 of 2
Every item of Section F provision must link back to a Section B need
A dispute over whether golf coaching and gym training could be included as Section F provision.
Section F provision must have a "necessary nexus" with the special educational needs set out in Section B. Provision that targets a child's strengths rather than identified needs is an error of law.
Practical takeaway
Check every item in Section F against Section B. If there is no clear link, that provision may be challengeable — and if you are requesting provision, spell out the nexus explicitly.
Decision date: 26 January 2026 (Upper Tribunal, Judge Citron)
You don't need to be a lawyer to use case law in a SEND dispute. The phrases that matter are:
Read the linked judgment and check that the proposition and facts match your situation before relying on a citation. Case-specific advice may be important.
The two linked primary judgments were checked on 29 September 2026. This is information, not legal advice — for case-specific guidance please contact IPSEA or a SEND solicitor.