Gilliatt A parent wished to have a child with SEN educated at a fee paying Jewish school. The LEA took the view that the child’s needs could properly be met within a mainstream maintained school.
Held: Although the LEA had a duty to take account of cultural or religious factors, these factors did not themselves form part of the child’s special educational needs. In fact the private school was named in the statement on the basis that the LEA understood that the fees would be met by the parents. The court held that the tribunal had no authority to rule on any funding obligation of the LEA and therefore no appeal could lie to the court from the SENT about such a ruling. Challenge should be made by way of judicial review of the LEA.
Mr Justice Ognall
[1997] EWHC Admin 912
England and Wales
Education
Updated: 03 January 2022; Ref: scu.137857