UK Upper Tribunal: Education, Health and Care Plan for an Electrohypersensitive Child

Source: https://assets.publishing.service.gov.uk/media/62f3997ed3bf7f5c11330ea3/ua-2022-000328-hs__002_.pdf

THE UPPER TRIBUNAL
(ADMINISTRATIVE APPEALS CHAMBER)
UPPER TRIBUNAL CASE NO: UA-2022-000328-HS
[2022] UKUT 193 (AAC)
EAM V EAST SUSSEX COUNTY COUNCIL
Decided following an oral hearing on 11 July 2022

The decision is: the local authority must secure that an EHC plan is prepared and
maintained for the child.

Excerpt:

H. The child is disabled

I. The provision of a wired internet connection is educational provision

  1. The child’s problem with electro-magnetic radiation affects her life generally and
    limits her normal day-to-day activities – the Equality Act test. It applies at school, at
    home, and when she is out in the world. When at school, her problems with
    communication and making use of the computers are a direct result of the use of wifi
    in schools. The only solution available has to be provided in the school. It is not
    transferable to any other location, although it may need to be replicated elsewhere. I
    cannot see what other provision would be effective to avoid the problem or overcome
    its consequences.
  2. This is not simply a case of a child being unwell and finding it difficult to
    concentrate. There was evidence from two educational psychologists both of whom
    found her and her parents credible in describing her symptoms. The tribunal
    (paragraph 47) accepted their evidence too and described her symptoms as
    ‘debilitating when they occur’, which they did to such an extent that she ‘was out of
    education for a whole academic year.’ Those symptoms were not unique to a school
    environment. But when they occurred in that environment they arose from the school’s
    choice of the medium for providing education. In those circumstances, some provision
    is required to render the education effective.

Authorised for issue on 18 July 2022

Edward Jacobs, Upper Tribunal Judge

More on the topic:

Upper Tribunal requires council to secure EHCP for student who is hypersensitive to Wi-Fi signals

https://www.localgovernmentlawyer.co.uk/education-law/394-education-news/51400-upper-tribunal-requires-council-to-secure-ehcp-for-student-who-is-hypersensitive-to-wi-fi-signals

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