Royal Navy Family Wins Case to Retain Son's SEND Support After Council's Removal
The Clifton family successfully retained their son Theo's Education, Health and Care Plan (EHCP) after Hampshire County Council removed it during their temporary relocation to the UAE. After extensive legal proceedings, the Court of Appeal ruled that local authorities must honor EHCP rights for children absent abroad due to military deployments. This ruling benefits military and SEND families nationwide.
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The Clifton family won a legal battle to retain their son Theo's Education, Health and Care Plan (EHCP) after Hampshire County Council (HCC) removed it without consultation during their temporary move to the UAE for a military draft. The family had been assured that Theo's EHCP would be frozen and reinstated upon their return.
After two years of legal proceedings, the Court of Appeal ruled that HCC breached its duties and must maintain support for children abroad due to military assignments. The case sets a precedent for military and SEND families, affirming their rights to support even when temporarily relocated.
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