KGH, R (on the application of) v North Tyneside Council

Facts

The claimant, referred to as KGH and described in this judgment as "Father", is the father of a school-age boy with an Education, Health and Care plan, referred to as HLF. On 24 March 2026 there was at the very least a verbal confrontation between HLF and a group of other boys at his school; HLF left the school and went home, and his parents complained to the school and to North Tyneside Council and reported the matter to Northumbria Police as a disability hate incident and a threat of criminal damage. Father told the school that the police had advised that HLF be kept away, and HLF did not attend thereafter. The Council's SEND Team Manager began exploring alternative provision on the footing that a duty under section 19 of the Education Act 1996 might be triggered, but on contacting the police was told that no such advice had been given. On 28 April 2026 the Council told Father that it would not explore alternative provision further. Father issued judicial review proceedings challenging that "pause" of education otherwise than at school, and sought interim relief. A panel convened by the Council then decided on 18 May 2026 that the section 19 duty was not engaged. Mr Tom Little KC adjourned permission to an oral hearing, which came before HH Judge Davis-White KC, together with an application to amend.