AC-2024-CDF-000188 - [2025] EWHC 2196 (Admin)

The claimant is a protected party and brings these judicial review proceedings by his mother and litigation friend. He is now 20 years old and has very substantial additional learning needs. At permission stage and again at the outset of the substantive hearing I raised the issue of whether an anonymity order was appropriate, but on each occasion I was told that no application was made because relevant details of his needs are already in the public domain. Accordingly I shall, with respect, refer to him in this judgment as James.

James attended a specialist school in Cardiff, where his family live, until he was 18 years old. As he was reaching the end of his education there, the first interested party, Cardiff County Council (the Council), carried out a social care assessment of his needs, which was finalised in 2023. At about the same time, the Welsh Government also carried out an assessment under section 140 of the Learning Skills Act 2000, which recommended a placement on a two year Foundation Learning programme at Coleg Elidyr (the Coleg), which has a long-term goal of moving on from pre-entry level to entry levels and developing higher levels of independence.

The Welsh Government accepted that recommendation and funded that placement. James made good progress. This was summarised at a destination planning meeting at the Coleg in June 2024. James had achieved a bronze Duke of Edinburgh award. He was taking part in social activities and exercise with housemates. He had established skills in hygiene, improved word recognition and better skills at travelling in his community. The meeting concluded that he would continue to make more progress if he stayed at the Coleg and he would be set targets moving into entry level. This would be achieved through the Coleg’s Skills for Life Programme.

In August 2024, solicitors on behalf of James wrote to the Welsh Government seeking additional funding for this programme, on the basis that his section 140 assessment taken together with additional assessments gave sufficient justification. By reply sent on 6 September 2024, it was indicated that further funding would not be considered without a further section 140 assessment, and directed the solicitors to Careers Wales, an educational limb of the Welsh Government, to request one. This was done, but by letter sent on 28 November 2024 the Welsh Government refused to allow a further assessment and relied upon its policy only to fund further education over two years in exceptional circumstances. It is these three elements of those letters which are challenged in these proceedings, on the basis that no proper regard was had in making these decisions to James’ disabilities and that too rigid an interpretation was put on the policy. Each of these challenges are disputed on their merits, but also because of delay and because the policy in question allowed an informal appeal which has not been pursued.