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Ellis Jenkins v London Borough of Bromley

DATE: 13 Mar 2007

Appeal to local authority panel, Solicitor: Match Solicitors.

Shortly after the first instance decision in M (above) I was asked to explain the meaning of the decision to a panel hearing a parents' appeal to a panel of councillors against the decision of the LEA to refuse to pay for transport to the school named in the child's Statement of Special Educational Needs.  It was quite clear from the cases even before M that transport had to be provided in this case, as the LEA had not suggested in the Statement that any other school could be appropriate.  In the event, the councillors were persuaded to word the decision as an exercise of discretion, so that even if the Statement were to be amended the LEA would remain obliged to provide transport.