Abiodun Michael Olatokun FRSA recently represented a young person and her parents in the First-Tier Tribunal (Special Needs and Disability Chamber). The young person has been diagnosed with Global Developmental Delay. She has associated needs across all areas of her everyday life, including her cognition and learning, adaptive functioning, social communication and interaction, and executive functioning adaptive functioning skills. These factors are barriers to her progress, educational attainment and her ability to work and live independently in the future.
The appeal related to sections F and I of her Education, Health and Care Plan (i.e. the special educational provision and educational setting that she requires). There was substantial dispute between the local authority and the parents as to where the young person should be educated.
The local authority brought three witnesses who spoke to the suitability of their proposed placement. The parents did not have witnesses attend and Abiodun was required to put the clients’ case to the local authority using documentary evidence.
In the end, the tribunal sided with the parents following Abiodun’s cross examination and submissions. The tribunal found that the school proposed by the local authority was unsuitable and that as there was no other suitable school the parental preference prevailed. The young person will be educated at her preferred school and she will receive provision which is reasonably required to meet her needs.
Abiodun is an experienced education barrister capable of tackling complicated matters relating to special educational needs, exclusion, discrimination, fee-paying school disputes or judicial review. He acts for public authorities, schools and parents and is also available on a direct access basis.
Further information
For more information from the public-law team, contact clerks@36public.co.uk
Involving Abiodun Michael Olatokun FRSA
