Electromagnetic Hypersensitivity First Tier Tribunal (SEND) important Education Law case decision for 2021
Arran Dowling-Hussey recently acted for East Sussex County Council successfully defending an appeal in the First-tier Tribunal Special Educational Needs and Disability (SEND) Decision Appeal No: EH925/19/00026.
In this appeal the appellant’s parents appealed under section 51 of the Children and Families Act 2014 against the decision of East Sussex County Council (the Local Authority) that it was not necessary for special educational provision to be made for their daughter in accordance with an Education, Health and Care (EHC) plan. This was a complex and novel case which had initially been commenced before Arran Dowling-Hussey was instructed against another Local authority before the family moved to the Sussex area. Unlike many First Tier SEND Tribunal cases the Tribunal hearing entered a second day. The Tribunal held that 'the provision of an educational environment with low electro-magnetic fields does not amount to educational or training provision. Therefore (the appellant's daughter) does not have special educational needs because her disability does not call for special educational provision to be made for her.
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