September is an important time for schoolchildren across the country. Many Special Educational Needs Tribunal hearings are scheduled for the start of the school year so that children with disabilities know which school they will be attending, and that their needs will be met when they attend.
Abiodun Michael Olatokun FRSA has taken part in several of these so far this September. He recently represented a child with autism spectrum disorder, and other complex needs whose mother is also blind. The child had been progressing well in his current school, but his local authority sought to move him to a different school. They also opposed the inclusion of several educational provisions in his Education, Health and Care Plan (EHCP) that his mother said were necessary, but the local authority said were ‘nice-to-haves’.
Abiodun was instructed shortly before the case to act for the mother and her child. He argued that the occupational therapy the child required would not be available at the local authority’s choice of school, and that the local authority had not successfully proven the exception in s39(4)(b)(ii) of the Children and Families Act 2014. He also stated that the therapies the mother asked for were necessary to encourage him to take part in physical activity that would improve his motor skills.
The tribunal agreed with Abiodun’s submissions. The EHCP was amended in line with the mother’s wishes, and the child was able to continue attending his current school. This will ensure continuity in his life and his overall academic progression.
Abiodun is grateful to have been instructed by the Lawstop Education team in this matter. Abiodun has a busy SEND practice. He is currently instructed in 14 live appeals and has been involved in SEND 11 hearings and conferences to date this month. He looks forward to supporting parties in securing the best educational provision for children with disabilities and special needs.
Further information
For more information from the public-law team, contact clerks@36public.co.uk
Involving Abiodun Michael Olatokun FRSA
