Williams v Essex County Council [2011] EWCA Civ 1315, [2011] All ER (D) 127 (Nov)
Court of Appeal, Civil Division, Maurice Kay, Moses LJJ and Baron J, 15 Nov 2011
A statement of special educational needs automatically lapses when a person turns 19 years of age, and thereby ceases to be a child.
Fiona Scolding (instructed by Essex County Council) for the authority. David Wolfe (instructed by Levenes) for the claimant.
The claimant was born in August 1989. She had Down’s Syndrome, and her functional age was about 10 years or less. In February 2008, the defendant local authority wrote to the claimant’s parents stating that they would cease to maintain the statement of special educational needs after she turned 19. The parents did not accept that decision. In subsequent proceedings the issue arose as to the age at which a local authority’s responsibilities in respect of maintaining a statement came to an end.
Baron J
The issue was of general importance because there were in excess of 230,000 children in England
