Council for Disabled Children

In a recent update to the Council for Disabled Children Summer Digest, there is an out line for new legal updates. Below is a link to the CDC Summer Digest where from page 14 you will be able to see these updates in full.

A quick summary though


The first covers two Upper Tribunal appeals brought by Hillingdon and Buckinghamshire. Both appeals considered the appeal rights for young people (aged 16-25) and the approach to be taken where a young person lacks capacity to bring their own appeal. The Buckinghamshire decision gives important guidance on the meaning of ‘education’ for young people.
 
 
The second is about another important Upper Tribunal decision (this time in an appeal by Staffordshire) which gives clarity about school transport entitlements for young people. It is important for young people and families to note the conclusion that the Tribunal cannot resolve disputes in relation to school transport and that the correct remedy is judicial review.
 
 
The third concerns a successful human rights claim against Kent in the context of care proceedings. The judgment suggests that serious failures to comply with the duties owed to disabled children under the Children Act 1989 may result in breaches of the Human Rights Act 1998, which may in turn lead to damages being awarded.

This will hopefully be of interest to disabled young people, their families and professionals.

http://councilfordisabledchildren.org.uk/sites/default/files/field/attachemnt/Summer%20Digest_2016_FINAL.pdf