"Upset" Royal Navy family who had son's SEND support removed by council on deployment win landmark court case
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Defiant Royal Navy parents who challenged a council for removing their son’s special needs support while they were stationed on deployment have won a landmark court case.
The Clifton family thought their child Theo’s education was secured when they temporally moved to the United Arab Emirates for a draft order. Despite retaining their house in Fareham and being reassured by Hampshire County Council (HCC) that his Education, Health and Care Plan (EHCP) would be frozen and kept on return, it was removed without warning.
After four years of tribunals and legal wrangling, Theo’s support has been retained in a case which could help military and Special Educational Needs and Disabilities (SEND) families across the country. His mum Gemma described the process as “arduous and challenging”.
She told The News: “The panic started to sink in. We weren’t in the country and it was just after Covid lockdown. I just kept thinking that they were wrong and had to be something not quite right with it.”
What happened?
Warrant Officer 2 Glen Clifton, Theo’s dad, was accepted on a draft order to Dubai in 2021 and the family planned to relocate. The family are used to such measures, with Glen being stationed aboard HMS Prince of Wales during its operations in the Indo-Pacific throughout 2025.
Original plans were set for the family to be stationed in the Middle East for three years, later reduced to two. The Cliftons moved to a British base in August 2021 having been assured by HCC that Theo’s EHCP would be frozen and restarted again when they returned. They planned to rent out their Fareham home and move back on after the assignment was completed.
Theo, now aged ten, was first given an EHCP and SEND provision when he was around six-years-old at Cornerstone C of E Primary School in Bluebell Way, Whiteley. Gemma said her son is diagnosed with autism and global development delay, which means he has the comprehension age of a five-year-old.
“He needs one-on-one support and to potentially give that up was quite a risk,” she added. ”They said we could do it and freeze his EHCP.”
Two months into the draft, HCC removed the EHCP without consulting the family. The local authority said this was due to the family leaving Fareham, and that Theo needed to be physically in the area to receive support.
Gemma said: “It took us roughly two years to get an EHCP, and I was thinking how long it would take us to get another one. The council said we couldn’t apply until we were back in the country, which added to the upset.”
The military mum added that she thought the council would understand considering it was a temporary relocation within the Royal Navy’s remit, and her husband’s draft order had an end date. The local authority’s actions left them both confused and upset. “It was clear we were coming back home after it ended,” she added, “but the council didn’t see it as temporary relocation.”
Years of court dates
The legal process of retaining Theo’s began in November 2021. The family were found in favour at both a first tier and second tier tribunal hearing, in January and October 2023. As HCC continually appealed the decision, the case was taken to the Court of Appeal.
Gemma said: “Going through tribunals bamboozles you. They throw legislative terms at you and you have to complete forms. It’s such an arduous task to go through that. Glen had to fly back to England as they wouldn’t allow him to sign documents in the Dubai British Embassy.
“By the time we got settled, we were having to think about coming home. The uncertainty of not knowing what support Theo would have was unsettling.”
Court heard that the local authority’s actions were “wholesale and egregious” in its breach of duties, having gone back on its word. The court deemed HCC remained responsible for Theo despite him being temporarily abroad, and the council failed to consult the parents and the school before removing the support.
The result means that children absent abroad or in different parts of the UK, due to military deployments or otherwise, maintain their EHCP rights. Local authorities cannot refuse the support as a result of temporary relocation.
“Someone had taken our side”
Gemma said the family were shocked by the court of appeal verdict. She added: “It felt like someone had taken our side. In the back of our minds, we always thought they would appeal again. They’ve made it better for SEND families in general, not just military families. We couldn’t figure out why the council wouldn’t sort this amicably.
“Local authorities now have to adhere to their own procedures, otherwise it invalidates what they said to parents. It gives more power to families.” Gemma added that Glen was made to feel guilty for his military service, and he only took the draft because he thought Theo’s education was secured.
“After the first tribunal, the judge said Theo had to have a new EHCP, which settled a lot of nerves,” she added. “Glen could have stopped all of this, but out of principle, he wanted to make sure no other family goes through the same thing. To get something out of it like this is massive.”
A Hampshire County Council spokesperson said: “We acknowledge the judgment handed down and are reviewing the decision. We therefore will not be providing any comment at this stage."
Since returning to the UK, Theo secured a place at Heathfield Special School in Oldbury Way, Fareham. His mum said he’s never looked back since, and 45 other families have cited the court’s verdict as case law in their cases.
“He’s thriving,” she added. “He can speak in a limited way but his speech is coming on massively. He’s able to read five to seven word sentences, which we never thought would be possible.”