March 8th, 2024 by James Goudie KC

In R ( HXN ) v Redbridge LBC ( 2024 ) EWHC 443 ( Admin ) the Administrative Court ruled that Section 42(2) & (6) in Part 3 of the Children and Families Act 2014 a duty on local authorities that maintained an Educational, Health and Care Plan ( EHCP ) to ENSURE that a child was provided with the special education provision specified in the EHCP. It is an ABSOLUTE and NON-DELEGABLE duty. There is no “ best endeavours “ defence. A MANDATORY ORDER may be made to enforce the authority’s performance of its statutory duty and bring its breach of duty to an end. The principles in R ( Imam ) v Croydon LBC ( 2023 ) UKSC 48, relating to an authority’s duty under housing legislation, applied 9 ( para 93 ).

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