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CARE PROCEEDINGS/EDUCATION: Re M (Care Proceedings: s 91(14) Order) [2007] EWCA Civ 1550

Date:25 OCT 2007

(Court of Appeal; Wall LJ and Holman J; 25 October 2007)

A mother whose children had been taken into care, but who was appealing to Special Educational Needs and Disability Tribunal (SENDIST) concerning the special educational needs provision for one of the children, would have been unable to make any application to the court for an assessment of the child by an educational psychologist. Under Children Act 1989, s 9(1) the court could not make any order under s 8, other than a residential order, with respect to a child in local authority care, including any specific issue order concerning an assessment. Therefore the order made by the care judge under s 91(14) prohibiting the mother from making an application for an assessment for SENDIST purposes was otiose, and not an order that it was properly open to the judge to make.