I recognise that the minister's amendment 63 applies a different test, the principle of which he has eloquently explained this morning, and I am very grateful to him for accepting the principle of my amendment, which he must have done before lodging amendment 63.For the record, I mention that there has been a significant House of Lords ruling on the subject. In 1988, the ruling in the Regina v East Sussex County Council ex parte Tandy case stated that duties to educate children with special educational needs were absolute and could not be avoided because of cost.