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A significant legal victory has been achieved by the parents of a boy whose special educational needs support was withdrawn during a period when their family was living abroad. Glen, a Royal Navy officer, and his wife Gemma, residents of Fareham in Hampshire, had been assured that their son Theo’s Education, Health and Care Plan (EHCP) would be temporarily “paused” while they were stationed in the United Arab Emirates. Contrary to this expectation, Hampshire County Council discontinued the maintenance of Theo’s plan during their overseas deployment.
Theo, who is 10 years old and diagnosed with autism and global development delay, initially received his EHCP in 2019. When Glen was deployed to Dubai in 2021, the family prepared to relocate there for two years, retaining ownership of their home in Hampshire and planning to visit the area annually. Initially, a council case worker communicated that Theo’s EHCP would be put on hold during their time abroad. However, after two months, the family was informed by letter that the council intended to cease the EHCP immediately, without consulting Theo’s family or his school.
The family challenged this decision at tribunal, which resulted in a ruling that the council’s failure to consult rendered the decision invalid. Subsequent appeals by the council to the Upper Tribunal and the Court of Appeal were unsuccessful. Lord Justice Bean upheld the previous judgment, stating that the council was obligated to maintain Theo’s plan because he was still considered “ordinarily resident” in Hampshire despite living temporarily overseas. This legal clarification reinforces the responsibility of local councils to continue supporting children with EHCPs who maintain residency ties during their time abroad.
Glen expressed relief that their legal battle had concluded and voiced hope that the ruling would assist other military families facing similar challenges. Although Theo had already secured a preferred school placement before the case was resolved, the family persisted with the challenge to help prevent others from enduring comparable difficulties. A spokesperson for Hampshire County Council confirmed that the authority was reviewing its policies in light of the judgment and would collaborate with other agencies to provide clearer guidance for families and support organizations moving forward
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