Compensation and specialist placement: what did we achieve?
- secured £23,500.20 reimbursement and compensation
- established failure to deliver EHCP provision
- achieved enhanced therapy package
- secured preferred specialist placement
- resolved appeal before Tribunal hearing
For context
Tees represented the family of a previously looked after child with complex trauma, autism, and severe speech and language disorder in an EHCP appeal against Isle of Wight Council.
The case focused on failures in Sections B, F, and I of the EHCP, particularly the Local Authority’s failure to provide agreed therapies. As a result, the family had been forced to fund Occupational Therapy and Speech and Language Therapy privately.
How Tees found a solution
Tees identified these failings early and took decisive action by:
- preparing the EHCP appeal
- Initiating pre-action Judicial Review correspondence
- challenging the Local Authority’s legal obligations
This dual strategy led to a successful financial outcome, with the family recovering £23,500.20 in costs and compensation.
Shortly before the Tribunal hearing, the case settled, securing:
- a significantly improved therapy package
- placement at the family’s preferred specialist school
The outcome delivered both financial justice and long-term support stability, demonstrating Tees’ ability to hold local authorities accountable while achieving meaningful results for families.
Giving you the full picture
If you feel that you or someone you know requires advice, please contact our education law team for clear, practical advice tailored to your specific circumstances.
Frequently Asked Questions
What happens if the Local Authority does not deliver EHCP provision?
Local Authorities have a legal duty to deliver provision in Section F. Failure to do so can be challenged and may result in Judicial Review proceedings against the Local Authority’s decision making and unlawfulness.
Can you claim reimbursement for private therapy costs?
Not as standard, however,, families may be able to recover costs if they had to fund provision that should have been delivered by the Local Authority.
What is a Judicial Review in EHCP cases?
A Judicial Review challenges unlawful, irrational, or unreasonable actions by a public body, such as failing to provide legally required support.
Can you appeal multiple sections of an EHCP at once?
Yes, Sections B (needs), F (provision), and I (placement) can all be challenged within the same appeal. The Tribunal can also make recommendations on educational outcomes, health and social care.
When are EHCP appeals settled?
Through careful negotiation, it is possible for appeals to settle before the final hearing.
