DOL, R (on the application of) v Southampton City Council

Facts

The claimant, anonymised as DOL and acting by his mother and litigation friend DHL, is a young person with complex special educational needs including autism, global developmental delay and learning difficulties. Southampton City Council, the local authority for the area in which he lives, is responsible for maintaining his Education, Health and Care plan. The authority had decided to cease maintaining the plan, and his mother appealed to the First-tier Tribunal. By a judgment dated 21 July 2025 the tribunal, sitting with specialist members, upheld the appeal and ordered the authority to maintain and amend the plan, including a requirement of attendance five days a week at an institution supporting six areas of skills development on a 2:1 basis of support — the "Attendance Provision" — as part of an overall EOTIC package, to be issued within five weeks. The authority sought permission to appeal and a suspension of that provision; the tribunal judge suspended it on 11 September 2025, then on 29 October 2025 refused review, refused permission and ended the suspension. The authority nonetheless declined to implement the provision while it pursued an out-of-time application to the Upper Tribunal for permission and for a suspension. The claimant issued these judicial review proceedings on 15 January 2026, permission having been granted. On 27 April 2026 UTJ Stout granted permission to appeal but refused a suspension, and the authority amended the plan the day before the hearing.