Recent High Court Judicial Review including a diagnosis of PANS

A recent High Court judicial review found that a Local Authority failed to provide the special educational support (section F) required in a child’s EHCP (Education Health and Care Plan) and reaffirms that Local Authorities are under ‘absolute duty’ to secure special education provision.

Oliver Persey of Garden Court Chambers, and solicitor, Adam Mercer of Sinclairslaw, explain to Special Needs Jungle what happened and offer four practical steps if the same issue arises for your child or young person.    

It is significant that PANS was included as one of the diagnoses in this case, and will be helpful to share with any supporting professionals. The case highlights the importance of:  

• The inclusion of the diagnosis of PANS in an EHCP 

• Needs linked to the diagnosis of PANS being recognised and met 

• The detrimental impact on the child when these needs are not met 

‘The Claimant is currently 11 years old. He is a disabled child who has diagnoses of Attention Deficit Hyperactivity Disorder (“ADHD”), Autistic Spectrum Disorder (“ASD”) and an immune mediated component to a neurobehavioral disorder known as Paediatric Acute-onset Neuropsychiatric Syndrome (“PANS”).’ 

The case has been included as part of a PANS and PANDAS status update that has been sent out to all Local Authorities in England – more details are available here.

For more information and details about the High Court Judicial Review. The case was also covered by the BBC.