Katherine Anderson leads Jim Hirschmann in SEN case before CoA

26th March 2026

3PB's barristers Katherine AndersonKatherine AndersonCall: 2005 and Jim HirschmannJim HirschmannCall: 2018 acted in the case London Borough of Hillingdon v AP & Anor [2026] EWCA Civ 216. Jim was led by Kath and represented the respondents in this Special Educational Needs (SEN) case before the Court of Appeal (CoA).

This case concerned two main issues consisting of whether the child needed residential provision and the extent to which section 9 of the Education Act 1996 imposed a positive duty upon it to investigate the cost effectiveness of the provision it ordered.

The Court of Appeal heard the arguments and ultimately agreed with the Respondents that this claim was academic. There was not an active dispute between the parties upon which to rule. Nor did the wider public interest justify the Court exercising its discretion to determine the matter. The appeal was therefore dismissed.

To read the full judgement, please click here.

To contact or instruct Jim or Katherine, please email their clerks Tom Cox on [email protected] / Gemma Faulkner on [email protected] or call 0330 441 7572.