AM & Anor v Wokingham Borough Council

Facts

The appellants, AM and SP, are the parents of S, a 6 year old boy with a diagnosis of autism spectrum disorder and a language delay, who had identified difficulties with communication and interaction, cognition and learning, social, emotional and mental health, and physical and sensory needs. S was on roll at an infant school and, until shortly before the First-tier Tribunal hearing, attended part time for one hour a day, a previous placement at another school having failed; for the rest of the time he was supported at home by his parents and a tutor using applied behavioural analysis. The parents appealed to the First-tier Tribunal (HESC Chamber) (SEND) under section 51 of the Children and Families Act 2014 against Sections B, F and I of S's EHC plan, seeking education otherwise than at school so that full-time ABA could be provided at home. Wokingham Borough Council contended that a specialist setting could meet his needs and that the threshold in section 61 of the Children and Families Act 2014 was not met. The Tribunal allowed the appeal in part, amending Sections B and F, holding that section 61 was not satisfied, and naming a special school as the type of placement in Section I with the name left blank. The parents appealed to the Upper Tribunal, their appeal being supported by the local authority.