Does a tribunal take into consideration where a parent lives? Or are decisions based on where the child lives?
I have been speaking to a parent who has 50/50 custody with her ex-husband. He lives in Camden and she lives in Hertfordshire. Her son has an EHCP with Camden who are objecting to their choice of school in Section I (in fact, in August Camden pushed the whole EHCP onto Hertfordshire Council despite knowing the Mother is about to move out of Hertfordshire).
Because the Mother has to move house (her lease comes to an end in 3 weeks) the children will live with the ex-husband full time for the next few weeks. On 12 Sept, they go to Tribunal to appeal section B, F and I. Will the Tribunal take into account the child is living in Camden at that point? Or does the Mother need to find a place in Camden before the Tribunal date? The outcome they want is for Camden to stop pushing the EHCP onto Hertfordshire and deal with it in borough.
A: SenseCheck
- 1 Yes
- 0 No
- 0 Other
- 04 Nov 2025
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Yes
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Complex
Categorisation:
Answer: YES — the tribunal takes into account where the child lives, not where the parent lives, when determining which local authority and which legal regime (England or Wales) applies.
Complexity: COMPLEX — because it involves cross-border jurisdictional issues and differences between the English SEND framework and the Welsh ALN framework.
Super Simple summary to help a parent explain the law to a child
The people who decide about school help (the tribunal) look at where the child actually lives most of the time. It does not matter where the mum or dad lives. If the child lives in Wales, Welsh rules are used. If the child lives in England, English rules are used. So if mum lives in England and the child lives in Wales, the Welsh team makes the decisions.
Summary in simple English
Tribunals decide cases about special educational needs (SEN) or additional learning needs (ALN) depending on where the child or young person ordinarily lives. It is not based on where the parents live or work.
If a child lives in England, the case will usually go to the First-tier Tribunal (Special Educational Needs and Disability) under the Children and Families Act 2014.
If the child lives in Wales, the case will go to the Education Tribunal for Wales under the Additional Learning Needs and Education Tribunal (Wales) Act 2018.
Where the parents live in a different country from the child (for example, one parent in England and one in Wales), the tribunal looks at the child’s ordinary residence — the place where the child normally lives and goes to school. That determines which law applies and which tribunal has the power (jurisdiction) to decide.
Draft technical answer
Tribunal jurisdiction in education law is determined primarily by the child’s ordinary residence, not the parent’s. The ordinary residence test is used to establish which local authority is responsible for maintaining an Education, Health and Care Plan (EHCP) in England or an Individual Development Plan (IDP) in Wales, and consequently which tribunal has jurisdiction.
1. England
Under the Children and Families Act 2014, Part 3, responsibility lies with the local authority for the area where the child is ordinarily resident (s.24(1) and s.42). Therefore, appeals to the First-tier Tribunal (Special Educational Needs and Disability) (“SENDIST”) arise only where an English local authority is responsible for the child’s EHCP.2. Wales
Under the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (“ALNET Act 2018”), the responsible body is the local authority for the area in which the child is ordinarily resident (s.12). Appeals go to the Education Tribunal for Wales (ETW).3. Cross-border situations
Where a parent resides in one nation (e.g., England) and the child in another (e.g., Wales), the deciding factor is where the child ordinarily lives. “Ordinary residence” is a question of fact and degree, considering where the child normally stays, sleeps, and receives education.For example:
If a child lives with grandparents in Wales and attends a Welsh school, but one parent lives in England, jurisdiction rests with the Welsh local authority and the Education Tribunal for Wales.
If a child lives in England with a parent, but the other parent lives in Wales, the English local authority remains responsible and appeals go to SENDIST.
This distinction is important because the legal frameworks differ — England uses the Children and Families Act 2014 (EHCP system), while Wales uses the ALNET Act 2018 (IDP system).
4. Case law and tribunal approach
Tribunals and courts have consistently held that “ordinary residence” is a factual determination (see R v London Borough of Barnet, ex parte Shah [1983] 2 AC 309). The parent’s address may be relevant evidence but is not determinative.
For cross-border education responsibility, tribunals generally apply the statutory schemes strictly: a Welsh local authority cannot issue an EHCP, and an English local authority cannot issue an IDP.Answers from the No-nonsense Guides
Noddy No-nonsense Guide to SEN Law
Q56 > Who decides which local authority is responsible for a child with special educational needs?
“Responsibility lies with the local authority in whose area the child is ordinarily resident. It does not depend on parental residence or where the parent pays council tax.”Nodi No-nonsense Guide to ALN Law Wales
Q17 > Which local authority is responsible for preparing an Individual Development Plan (IDP)?
“The local authority for the area in which the child is ordinarily resident is responsible for securing the provision described in the IDP and for maintaining it. This applies regardless of the residence of the parent.”Answers from the Support SEND Kids Ask Experts
[there appears to be no directly relevant answer(s) or information that I can find on the site nor can I produce an answer]
Relevant Statutes, Regulations, Codes and Case Law
Children and Families Act 2014, s.24 and s.42 — https://www.legislation.gov.uk/ukpga/2014/6/contents
The Special Educational Needs and Disability Regulations 2014, Part 3.
Additional Learning Needs and Education Tribunal (Wales) Act 2018, s.12 and s.13 — https://www.legislation.gov.uk/anaw/2018/2/contents
R v London Borough of Barnet, ex parte Shah [1983] 2 AC 309 — leading authority on “ordinary residence”.
R (Greenwich LBC) v Secretary of State for Environment [1989] 1 All ER 469 — supporting the principle that local authority responsibility depends on ordinary residence, not administrative convenience.
Practical hints and tips
Always check where the child actually lives and attends school, as that determines both the local authority’s responsibility and which tribunal applies.
If parents live apart in different nations (England/Wales), the tribunal will look at where the child spends most nights and where they receive education.
In joint custody cases, parents should document the child’s main residence to avoid disputes over jurisdiction.
For children placed across borders (e.g., by an English authority in a Welsh school), legal responsibility usually stays with the placing authority, but this can be complex and should be reviewed case by case.
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