Case law update: LM v Birmingham City Council

In LM v Birmingham City Council [2026] UKUT 127 (AAC), the Upper Tribunal considered the role of the working document in tribunal proceedings. The working document is a version of the EHCP which is used by the parties before the SEND Tribunal to identify, and narrow where possible, areas of disagreement. The Upper Tribunal gave guidance that any working document should include sections A (views of child, parent, interests and aspirations) and E (outcomes sought for the child) as these provide context for other aspects of the EHCP which may be under appeal.

Primarily, this Upper Tribunal case provides guidance to the parties to a SEND Appeal – the parents and the Local Authority. However, it may also be useful for schools in relation to local authority consultations for placements. Whilst schools will, quite rightly, concentrate on the child’s special educational needs and the provision to meet those needs (sections B and F of the EHCP) when responding to the consultation, additional evidence may be gathered from other areas of the EHCP which may provide useful contextual information, i.e. within section A, the parental views may be for a specialist placement which would counter any local authority assertions of the school being the subject of parental preference. Additionally, the views of the parent and/or child about particular issues with school environments etc may build on other information in the EHCP and the appendices which will allow the school to make a more robust case on the grounds of suitability and/or incompatibility with the provision of efficient education.