Case Note: R (L) v Devon CC [2022] EWHC 493 (Admin)

14 Mar 2022 By Imogen Proud

In this blog post, Imogen Proud highlights the recent Administrative Court judgment, R (L) v Devon, which may be of particular interest to readers of this blog as it concerns timescales in relation to Education Health and Care Plans (“EHCPs”).

In a judgment handed down on 8 March 2022, Mrs Justice Foster considered the obligations imposed on local authorities by the Special Educational Needs and Disability Regulations 2014 (the “Regulations”), and specifically whether there was a fixed timeframe in respect of steps in the amendment of a plan where a local authority accepts that amendment is necessary.

The Court held that the Regulations:

  • impose an obligation on local authorities to notify parents of the substance of proposed amendments to their child’s EHCP at the same time as notifying them of an intention to amend the plan; and
  • oblige local authorities to issue a final amended plan within 12 weeks of the annual review meeting.

The judgment is available here.