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Case Law Update 35 – Birmingham v KF

In this update, the Upper Tribunal decided that school transport can be special educational provision within an EHC plan, where the transport fulfils some educational or training function. No rule was found to exist that school transport can never be special educational provision.

This case concerned a young person, who has difficulties with dyslexia, numeracy, information and auditory processing, anxiety and PTSD, and self-esteem. This young person started to attend college, which was a multi-stage journey that could take between 60 and 90 minutes each way. On most days, due to her anxiety,
this was too difficult and her mother would drive her some or all of the way. The difficulties resulted in a low level of attendance and promptness.

You can read the case overview as well as what this means for children, young people and families, through the link provided below.

Case Law Update 35

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