Landmark Court of Appeal Ruling Strengthens SEND Rights for Families
A major legal victory in the Court of Appeal has significantly reinforced the rights of children with special educational needs (SEN) and their families, establishing clearer obligations for local authorities and enhancing procedural safeguards in decision-making.
In the case Hampshire County Council v GC [2026] EWCA Civ 20, the Court of Appeal unanimously upheld a test case that will have wide-ranging implications for thousands of children and hundreds of councils across England.
The dispute began when a local authority attempted to stop maintaining an Education, Health and Care Plan (EHCP) for a child who was temporarily living abroad due to a parent’s military deployment. The council had argued that the child’s absence meant it was no longer responsible for the plan. The Court rejected this, concluding that local authorities remain responsible for children who are ordinarily resident in their area even if they are temporarily elsewhere.
Crucially, the judges highlighted the “substantial inequality of power” between authorities and families when making decisions that affect children’s lifelong support. They stressed that councils must comply strictly with statutory procedures before ceasing an EHCP, including consulting with parents and the child’s school — and must provide information on how families can challenge decisions.
As a result, local authorities now face stronger obligations both to consult properly and to justify any decision that might alter or end SEN support. This decision is expected to strengthen families’ ability to hold councils to account and reduce arbitrary or unfair changes to children’s educational provision.
