3 hours ago
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Stuart RustSouth of England
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Theo's Education, Health and Care Plan was withdrawn while the family was stationed overseas
The parents of a boy whose special educational support was removed while his family was deployed overseas have won a landmark legal battle.
Royal Navy officer Glen and his wife Gemma, from Fareham, Hampshire, said they had been assured that their son Theo's education, health and care plan (EHCP) would be "paused" when they were stationed in the United Arab Emirates.
However, Hampshire County Council did not maintain the plan during their time abroad.
The Court of Appeal ruled that the council should have continued to uphold the plan because Theo remained "ordinarily resident" in Hampshire - a judgment that clarifies councils' responsibilities to children who are temporarily living overseas.
The council said it was reviewing its processes in line with the court's judgment.
Theo, 10, who has autism and global development delay, was issued his first EHCP - a legal document setting out the extra support required by a child with special educational needs or disabilities - in 2019.
When Glen was deployed to Dubai in 2021, the family prepared to move to the city for two years.
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Glen, who serves in the Royal Navy, said the family was "relieved" the fight was finally over
They kept ownership of their home in the county and planned to return annually.
A case worker at the council emailed the family and said that Theo's EHCP would be "paused" until they returned.
But the court heard that, two months later, the family received a letter from the council stating that maintenance of Theo's plan would be ceased with immediate effect.
No consultation had taken place with the family or Theo's school.
The family appealed the decision at tribunal, where a judge ruled that the council's failure to consult on ceasing the plan invalidated the decision.
Hampshire County Council appealed to the Upper Tribunal and later to the Court of Appeal, but both courts dismissed its arguments.
Lord Justice Bean agreed with the Upper Tribunal judge that the council should have maintained the plan as Theo was "ordinarily resident" in the local authority area.
The family told their story on BBC Radio Solent
The ruling clarifies that councils remain responsible for children with EHCPs who are "ordinarily resident" in their area, even if they are temporarily overseas.
The council did not seek to appeal the ruling further.
Glen said the family was "relieved" the fight was over and said he hoped the ruling would help other military families in future.
The family pursued the case despite already securing Theo a desired school place.
"We carried it on so other people didn't have to go through what we've been through," he said.
"And to get the result we have - that should benefit thousands."
A Hampshire County Council spokesperson said: "We are reviewing our internal processes in line with the court's judgment and will now be liaising with other local authorities and agencies to find a practical way forward that brings clarity for families and the organisations responsible for supporting them."
