ceasing to maintain statements

R (ota Hill) –v- Bedfordshire County Council

This case involved the decision by the Council to cease to maintain a Statement of Special Educational Needs.  There were two specific issues.  The first concerned the decision of the Council not to exercise its discretion under section 2 Local Government Act 2000 to fund a placement in a College of Further Education.  The Claimant was 18 years old.  The local authority refused to exercise its discretion to make provision for funding under section 2 given that the normal route for funding was under the Learning and Skills Council.  In the High Court there was some dispute as to whether the parents had properly applied for Learning Skills funding but the Court of Appeal resolved that in the local authority’s favour.  It is clear that section 2 was broad enough to allow for the local authority to fund post 16 education but in this case the authority had exercised its discretion to refuse that request.

The more significant aspect of the case