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Tower Boot Company Limited v Jones: CA 11 Dec 1996

An employer’s liability for racial abuse by its employees is wider than its liability under the rules of vicarious liability. The statute created new obligations. Sex and race discrimination legislation seeks to eradicate the ‘very great evil’ of discrimination.Waite LJ said: ‘a statute is to be construed according to its legislative purpose, with due regard … Continue reading Tower Boot Company Limited v Jones: CA 11 Dec 1996

Bournemouth University Higher Education Corp v Buckland: EAT 8 May 2009

EAT UNFAIR DISMISSAL: Constructive dismissalWhether fundamental breach of implied term of trust and confidence cured, so that the Claimant’s resignation did not amount to constructive dismissal.Whether the range of reasonable responses test has any place in the question as to whether an employee has been constructively dismissed. Fairbrother and Claridge considered and not followed.General observations … Continue reading Bournemouth University Higher Education Corp v Buckland: EAT 8 May 2009

Regina v Islington Borough Council Ex Parte Rixon: QBD 17 Apr 1996

The local authority regarded lack of resources or facilities as an insuperable obstacle to any further attempt to make provision under the 1970 Act. Held: A Local Authority should allow for non-statutory guidance in assessing a disabled person’s education needs. Local authorities may only depart from the Secretary of State’s guidance for good reason. Sedley … Continue reading Regina v Islington Borough Council Ex Parte Rixon: QBD 17 Apr 1996

Regina v Special Educational Needs Tribunal ex parte Fairpo: Admn 16 Jul 1996

Gilliatt A foster parent wished to appeal to the SENT against a decision to refuse to provide a statement in respect of a child with special educational needs. The definition of a parent under s 114(b) of the Education Act 1993 included any person who has care of a child ‘unless the context otherwise requires’. … Continue reading Regina v Special Educational Needs Tribunal ex parte Fairpo: Admn 16 Jul 1996

Rixon, Regina (on The Application of) v London Borough of Islington: Admn 15 Mar 1996

‘This application for judicial review concerns alleged failures of the London Borough of Islington to make provision according to law for the social, recreational and educational needs of the applicant . . who is now 25 and suffers from Seckels syndrome. He is blind, microcephalic, practically immobile, doubly incontinent and largely unable to communicate. He … Continue reading Rixon, Regina (on The Application of) v London Borough of Islington: Admn 15 Mar 1996

Regina v London Borough of Islington ex parte East: Admn 1996

The court considered the obligation on an authority to consult: ‘.. the precise demands of consultation .. there according to the circumstances .. The extent and method of consultation must depend on the circumstances. Underlying what is required must be the concept of fairness’ Judges: Keene J Citations: [1996] ELR 74 Jurisdiction: England and Wales … Continue reading Regina v London Borough of Islington ex parte East: Admn 1996

Slough Borough Council v C, Special Educational Needs and Disability Tribunal: QBD 22 Jul 2004

Appeal by the Council against a decision of the Special Educational Needs and Disability Tribunal relating to ‘IC’, a boy aged 5 years old who has global development delay and associated learning difficulties. Held: When deciding whether to provide the eduction requested by the parents rather than that specified in the statemen of educational needs, … Continue reading Slough Borough Council v C, Special Educational Needs and Disability Tribunal: QBD 22 Jul 2004

Regina on the Application of MH v the Special Educational Needs and Disability Tribunal, the London Borough of Hounslow: CA 25 Jun 2004

The child was subject to a statement of special educational needs. His parents expressed a preference for one mainstream school, but the authority allocated him to another. The court had been requested to give guidance on the meaning and effect of the sections at issue. Held: The process for recognising parental choice differed from the … Continue reading Regina on the Application of MH v the Special Educational Needs and Disability Tribunal, the London Borough of Hounslow: CA 25 Jun 2004

Barnfather v London Borough of Islington Education Authority, Secretary of State for Education and Skills: QBD 7 Mar 2003

The appellant was convicted of the crime of being a parent whose child had failed to attend school regularly. She challenged saying that the offence required no guilty act on her part, but was one of strict liability, and contrary to her human rights. Held: Although the offence is one of strict liability, there is … Continue reading Barnfather v London Borough of Islington Education Authority, Secretary of State for Education and Skills: QBD 7 Mar 2003

Valsamis v Greece: ECHR 18 Dec 1996

Hudoc Judgment (Merits and just satisfaction) No violation of Art. 3; No violation of Art. 9; No violation of P1-2; Violation of Art. 13+P1-2; Violation of Art. 13+9; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – Convention proceedingsA child was punished by her school for refusing to attend a National … Continue reading Valsamis v Greece: ECHR 18 Dec 1996

Johansen v Norway: ECHR 7 Aug 1996

The court had to consider a permanent placement of a child with a view to adoption in oposition to the natural parents’ wishes. Held: Particular weight should be attached to the best interests of the child, which may override those of the parent: ‘These measures were particularly far-reaching in that they totally deprived the applicant … Continue reading Johansen v Norway: ECHR 7 Aug 1996

P v S and Cornwall County Council: ECJ 30 Apr 1996

An employee at an educational establishment told management that he intended to undergo gender reassignment. He was given notice of dismissal. Held: The scope of the Directive was not confined to discrimination based on the fact that a person was of one or other sex but also extended to discrimination arising from the gender reassignment … Continue reading P v S and Cornwall County Council: ECJ 30 Apr 1996

Regina v City of Wakefield Metropolitan District Council and Michael Dorsey, Special Educational Needs Tribunal ex parte Karen Lisa Greenwood: Admn 29 Jan 1998

Gilliatt The parents of a child with profound and multiple learning difficulties provided evidence to the SENT from a psychologist that the child needed access to a 24 hour curriculum. There was also clear evidence that many of the family’s difficulties in caring for the child arose from their personal circumstances including inadequate housing and … Continue reading Regina v City of Wakefield Metropolitan District Council and Michael Dorsey, Special Educational Needs Tribunal ex parte Karen Lisa Greenwood: Admn 29 Jan 1998

Robert Duhaney White v London Borough of Ealing and Special Educational Needs Tribunal: Admn 8 Jul 1997

Gilliatt The court heard three separate appeals from decisions of SENTs where parents wished their autistic children to attend the Boston Higashi School, USA which involved a residential placement. Fees to attend this establishment exceeded andpound;50,000 a year. The court held that there was no duty on the LEA or the SENT under the Education … Continue reading Robert Duhaney White v London Borough of Ealing and Special Educational Needs Tribunal: Admn 8 Jul 1997

Regina v Beatrix Potter School ex parte Kanner: Admn 20 Dec 1996

The applicant’s child had been offered a place by the respondent. The offer was withdrawn. Held: The school when deciding was entitled to look to the need for efficiency in education. On appeal, the committee may go against that need. The appeal committee refused the child’s appeal on the grounds of efficiency. Many more children … Continue reading Regina v Beatrix Potter School ex parte Kanner: Admn 20 Dec 1996

Regina v Secretary of State for Education and Employment and Another, Ex Parte McNally: CA 12 Mar 2001

Where the representative of the chief education officer of the local authority had acted in disciplinary proceedings against a teacher, it would be contrary to natural justice for him to exercise his statutory power to retire with the committee who were to deliberate on the outcome of the hearing. The panel had the right to … Continue reading Regina v Secretary of State for Education and Employment and Another, Ex Parte McNally: CA 12 Mar 2001

Konttinen v Finland: ECHR 3 Dec 1996

(Commission) The applicant was a civil servant and a Seventh-day Adventist. He was dismissed for his refusal to continue working after sunset on Fridays. His contract required him to work on Friday evenings after sunset. Held: The claim was manifestly ill-founded. The applicant had a duty to accept certain obligations to the State employer, including … Continue reading Konttinen v Finland: ECHR 3 Dec 1996

Noonan v Commission: ECFI 28 Mar 1996

ECJ Any condition in a competition notice which prohibits candidates with a university degree from entering a competition for category C posts is unlawful – as is any decision of a selection board based on such a condition – because it is incompatible with the principle of equal treatment in conjunction with the first paragraph … Continue reading Noonan v Commission: ECFI 28 Mar 1996

Manchester Diocesan Council for Education v Commercial and General Investments Ltd: 1969

The school governors were required to obtain consent before selling land formerly used as a school. Held: The court rejected a submission that that consent was a necessary pre-requisite for a contract could be made at all: ‘Reliance is placed on Milner v Staffordshire Congregational Union (Inc) [1956] Ch 275 where it was held that … Continue reading Manchester Diocesan Council for Education v Commercial and General Investments Ltd: 1969

Smyth v Croft Inns Ltd: 1996

A barman in a public house with Protestant customers in a ‘loyalist’ area of Belfast was constructively dismissed because he was a Roman Catholic. Held: That was discrimination ‘on the ground of religious belief’ within the section. The employer’s conduct did not cease to be discrimination on that ground because the employer would have treated … Continue reading Smyth v Croft Inns Ltd: 1996

Amies v Inner London Education Authority: EAT 1977

A female art teacher and deputy department head applied in 1975 to be department head at her school. In September a man was appointed instead. The 1975 Act came into force on 29th December. On 1st January 1996 she complained to the Tribunal on the basis that by appointing a man the employers discriminated against … Continue reading Amies v Inner London Education Authority: EAT 1977

Regina v Special Educational Needs Tribunal Ex Parte South Glamorgan County Council: CA 12 Dec 1995

The Court of Appeal entertained an appeal by a respondent against the judge’s refusal to discharge leave granted ex parte. Challenges to decisions of tribunal should be by way of appeal not Judicial Review. Citations: Times 12-Dec-1995, [1996] ELR 326 Statutes: Education Act 1993 168 Jurisdiction: England and Wales Cited by: Cited – Kemper Reinsurance … Continue reading Regina v Special Educational Needs Tribunal Ex Parte South Glamorgan County Council: CA 12 Dec 1995

S v Special Educational Needs Tribunal and the City of Westminster: QBD 1996

The court ruled that under RSC Order 55 Rule 8, the tribunal could not appear in the High Court because they were not a party to a statutory appeal from one of their decisions, but added: ‘But the court has ample power to permit the tribunal to appear and be heard in appropriate matters. Where, … Continue reading S v Special Educational Needs Tribunal and the City of Westminster: QBD 1996

Regina v Secretary of State for Education and Employment and Another Ex Parte Morris and Others: QBD 15 Dec 1995

There was no need for consultation before a school can be closed as a failing school. Simon Brown LJ emphasised the need to avoid a mechanistic approach to the requirements of consultation. Judges: Simon Brown LJ Citations: Times 15-Dec-1995, [1996] ELR 162 Statutes: Education Act 1993 Part V Cited by: Cited – Eisai Ltd, Regina … Continue reading Regina v Secretary of State for Education and Employment and Another Ex Parte Morris and Others: QBD 15 Dec 1995

Inland Revenue Commissioners v Oldham Training and Enterprise Council: ChD 11 Oct 1996

The court was asked whether Oldham TEC was established for exclusively charitable purposes. The Commisioners now appealed against a finding that tey were. Held: The appeal succeeded. The promotion of commerce is not capable of being a charitable object per se. The objects of the company contained two main objects and three subsidiary objects, that … Continue reading Inland Revenue Commissioners v Oldham Training and Enterprise Council: ChD 11 Oct 1996

Barnett v Acorn Care and Education Ltd and Another: EAT 4 May 2017

EAT Victimisation Discrimination : Protected Disclosure – Detriment – UNFAIR DISMISSAL – Constructive dismissal – UNFAIR DISMISSAL – Automatically unfair reasons – The findings of fact and a fair reading of their Decision fully supported the conclusion of the Employment Tribunal that the decision that disciplinary charges against the Claimant were established and that the … Continue reading Barnett v Acorn Care and Education Ltd and Another: EAT 4 May 2017

Day v Health Education England and Others: CA 5 May 2017

This appeal concerns the proper construction of section 43K (whistleblowers) and the application of that section to a certain category of doctors operating in the health service. Held: The appeal succeeded. Judges: Gloster VP CA, Elias LJJ, Moylan J Citations: [2017] EWCA Civ 329, [2017] WLR(D) 307, [2017] ICR 917, [2017] IRLR 623 Links: Bailii, … Continue reading Day v Health Education England and Others: CA 5 May 2017

Stovin v Wise, Norfolk County Council (Third Party): HL 24 Jul 1996

Statutory Duty Does Not Create Common Law Duty The mere existence of statutory power to remedy a defect cannot of itself create a duty of care to do so. A highway authority need not have a duty of care to highway users because of its duty to maintain the highway. The two stage test ‘involves … Continue reading Stovin v Wise, Norfolk County Council (Third Party): HL 24 Jul 1996

Regina v Department of Education and Employment ex parte Begbie: CA 20 Aug 1999

A statement made by a politician as to his intentions on a particular matter if elected could not create a legitimate expectation as regards the delivery of the promise after elected, even where the promise would directly affect individuals, and the costs of a child’s education. Any consequences of a failure to keep a promise … Continue reading Regina v Department of Education and Employment ex parte Begbie: CA 20 Aug 1999

Regina v Bedwellty Justices Ex Parte Williams: HL 18 Sep 1996

A decision at committal to return an accused for trial is susceptible to judicial review where committal was based solely on inadmissible evidence or was based on evidence not reasonably capable of supporting it. The committal was quashed.The ‘Queen’s Bench Division of the High Court has normally in judicial review proceedings jurisdiction to quash a … Continue reading Regina v Bedwellty Justices Ex Parte Williams: HL 18 Sep 1996

Services for Education (S4E Ltd) v White and Another: EAT 10 Aug 2015

EAT Transfer of Undertakings – JURISDICTIONAL POINTS – Continuity of employment The transferee employer appealed against a Decision of the Employment Tribunal (‘the ET’) that the employee’s continuity of employment was preserved by section 212(2) of the Employment Rights Act 1996, despite a transfer of the undertaking in which the employee was employed, between a … Continue reading Services for Education (S4E Ltd) v White and Another: EAT 10 Aug 2015

Pfaffinger and Another v City of Liverpool Community College and Another: EAT 4 Mar 1996

The EAT considered the status of part time lecturers of courses at colleges of higher education. They were employed on fixed term contracts for a term at a time. The court was asked whether, if a contract was not renewed, that amounted to a dismissal. Held: The employees’ appeals succeeded. The claimants had each been … Continue reading Pfaffinger and Another v City of Liverpool Community College and Another: EAT 4 Mar 1996

Regina (Williamson and Others) v Secretary of State for Education and Employment: Admn 15 Nov 2001

A genuine religious belief which supported the use of corporal punishment in schools was not itself either a manifestation of religious belief which required protection under the convention, or a religious and philosophical conviction for the purposes of the right to education provisions of article 2. A religiously founded belief that corporal punishment should be … Continue reading Regina (Williamson and Others) v Secretary of State for Education and Employment: Admn 15 Nov 2001

Stephens v Kingston University Higher Education Corporation: EAT 10 Dec 2013

EAT Jurisdictional Points : Extension of Time: Reasonably Practicable – Extension of time: just and equitable – FIXED TERM REGULATIONS – Time limits. Employment Judge entitled to conclude that claims under Employment Rights Act 1996 made 5.5 years out of time should not proceed. Even if not reasonably practicable to present them within time, they … Continue reading Stephens v Kingston University Higher Education Corporation: EAT 10 Dec 2013

Buckland v Bournemouth University Higher Education Corporation: CA 24 Feb 2010

The claimant had been dismissed from his post as chair of archeology after criticism of his marking practices. Though a report vindicated him, the respondent continued with disciplinary procedures. He claimed unfair dismissal. The EAT had allowed the university’s appeal saying that the found repudiatory breach had been remedied before the resignation. The University now … Continue reading Buckland v Bournemouth University Higher Education Corporation: CA 24 Feb 2010

Regina (Williamson and Others) v Secretary of State for Education and Employment: CA 12 Dec 2002

The claimants sought a declaration that the restriction on the infliction of corporal punishment in schools infringed their human right of freedom of religion. The schools concerned were Christian schools who believed that moderate corporal discipline was required in order to give expression to their religious beliefs. The respondent argued that the beliefs asserted, whilst … Continue reading Regina (Williamson and Others) v Secretary of State for Education and Employment: CA 12 Dec 2002

Regina v Secretary of State for Education and Employment and others ex parte Williamson and others: HL 24 Feb 2005

The appellants were teachers in Christian schools who said that the blanket ban on corporal punishment interfered with their religious freedom. They saw moderate physical discipline as an essential part of educating children in a Christian manner. Held: The appeal was dismissed. For Article 9 to be engaged (aside from certain other threshold conditions) the … Continue reading Regina v Secretary of State for Education and Employment and others ex parte Williamson and others: HL 24 Feb 2005

Relating to certain aspects of the laws on the use of languages in education in Belgium (Belgian Linguistics) No 2: ECHR 9 Feb 1967

The applicants, parents of more than 800 Francophone children, living in certain (mostly Dutch-speaking) parts of Belgium, complained that their children were denied access to an education in French. Held: In establishing a system or regime to comply with a Convention obligation, a State may include within the system elements that are not strictly required … Continue reading Relating to certain aspects of the laws on the use of languages in education in Belgium (Belgian Linguistics) No 2: ECHR 9 Feb 1967

Faaborg-Gelting Linien v Finanzamt Flensburg: ECJ 2 May 1996

A non-takeaway restaurant is a supply of services, and a ferry supply was made from its place of business. The supply of prepared food and drink at a restaurant resulted from a whole series of services (including the preparation and service of the meal); and that since restaurant transactions were characterised by a cluster of … Continue reading Faaborg-Gelting Linien v Finanzamt Flensburg: ECJ 2 May 1996

Chief Inspector of Education, Children’s Services and Skills v The Interim Executive Board of Al-Hijrah School: CA 13 Oct 2017

Single Sex Schooling failed to prepare for life The Chief Inspector appealed from a decision that it was discriminatory under the 2010 Act to educate girls and boys in the same school but under a system providing effective complete separation of the sexes. Held: The action was discriminatory. However, the scheme operated against individuals, both … Continue reading Chief Inspector of Education, Children’s Services and Skills v The Interim Executive Board of Al-Hijrah School: CA 13 Oct 2017

Richardson v Solihull Metropolitan Borough Council Special Educational Needs Tribunal; White v London Borough of Ealing Special Needs Tribunal and Hereford and Worcester County Court v Karen Lane: CA 12 Feb 1998

The need to specify the special educational needs for a child did not necessarily mean that any particular school must be nominated, nor even that the need must be met through a school. Whilst the definition of ‘special educational provision’ in . .

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M, Regina (on the Application of) v Sutton London Borough Council: CA 21 Nov 2007

The local authority had in the statement of special educational needs specified a school in accordance with the parent’s choice, but on condition that the parents were to be responsible for the cost of transport to and from school. Held: The authority’s appeal against an order that it should pay for the transport succeeded. The … Continue reading M, Regina (on the Application of) v Sutton London Borough Council: CA 21 Nov 2007

Jones and others v Ceredigion County Council: CA 28 Jul 2005

The parties had challenged the respondent’s decision not to provide free transport to school. The judge granted certificates allowing leave to apply direct to the House of Lords on two issues, and to the Court of Appeal on one other. The House later decided only to allow an appeal on terms unacceptable to the council. … Continue reading Jones and others v Ceredigion County Council: CA 28 Jul 2005

Ali v Head Teacher and Governors of Lord Grey School: HL 22 Mar 2006

The claimant had been accused with others of arson to school property. He was suspended for the maximum forty five day period. The school then invited the family to discuss arrangements to return to the school, but the family did not attend. After the expiry of the forty five days, the criminal proceedings were discontinued. … Continue reading Ali v Head Teacher and Governors of Lord Grey School: HL 22 Mar 2006

R, Regina (on the Application of) v Leeds Magistrates Court and others: Admn 28 Jun 2005

A 15-year-old girl did not go to school because she was bullied there and her mother kept her away. Held: the mother had failed to meet her duties under the Act. Judges: Davis J Citations: [2005] EWHC 1479 (Admin), [2005] ELR 589 Links: Bailii Statutes: Education Act 1996 444 Jurisdiction: England and Wales Cited by: … Continue reading R, Regina (on the Application of) v Leeds Magistrates Court and others: Admn 28 Jun 2005

London Borough of Sutton v S: Admn 26 Oct 2004

The Borough appealed against acquittal by the magistrates of the defendant parent accused of failure to ensure the regular attendance of their child at school. The child had attended only irregularly. The parents had contacted the school and authorities and sought help and co-opertaed with the Borough, but their daughter had been unco-operative and eventually … Continue reading London Borough of Sutton v S: Admn 26 Oct 2004

Oxfordshire County Council v GB and Others: CA 22 Aug 2001

When an appeal was lodged against the decision of the Special Educational Needs Tribunal, it was wrong for that Tribunal later to expand on its reasons, save in exceptional circumstances. Parental preference was not an overriding consideration, given the possible substantial costs of providing education in a special school. The tribunal must strike a balance, … Continue reading Oxfordshire County Council v GB and Others: CA 22 Aug 2001

Ali v The Head Teacher and Governors of Lord Grey School: CA 29 Mar 2004

The student had been unlawfully excluded from school. The school had not complied with the procedural requirements imposed by the Act. Held: Though the 1996 Act placed the responsibilty for exclusion upon the local authority, the head and school must also follow the rules. The duty on the local authority was a fallback duty. The … Continue reading Ali v The Head Teacher and Governors of Lord Grey School: CA 29 Mar 2004

Regina on the Application of G v Westminster City Council: QBD 30 Jan 2004

The child sought review of the respondent’s decision not to provide education other than at one school. He had been suspended, but his father refused to allow him to return complaining of the effects of bullying. Held: The condition of being bullied, including its effects could not be equated with ‘illness’ as a valid reason … Continue reading Regina on the Application of G v Westminster City Council: QBD 30 Jan 2004

Burridge v London Borough of Harrow and others: HL 27 Jan 2000

Parents sought to oblige the education authority to place their child at a school which could satisfy the special needs identified in the statement, and as expressed to be preferred by them. The authority resisted on the ground that it was not an efficient use of resources. Held: The statute set up separate schemes for … Continue reading Burridge v London Borough of Harrow and others: HL 27 Jan 2000

T (a Minor), In Re 1997: HL 20 May 1998

The Act obliged a local education authority to provide education for children too ill to attend school. The claimant suffered from ME, and received only five hours support, which the authority proposed to reduce in order to save money. The parents sought judicial review of the authority’s decision, saying they had taken an improper purpose … Continue reading T (a Minor), In Re 1997: HL 20 May 1998

Regina v Vale of Glamorgan County Council ex parte J: CA 27 Apr 2001

The applicant sought assistance in getting to school by way of free transport. The education authority refused. He had moved school after racially motivated bullying. He was due to move to secondary school and sought to be sent to another racially mixed school, where again he would need financial assistance for his transport. Held: The … Continue reading Regina v Vale of Glamorgan County Council ex parte J: CA 27 Apr 2001

Kent County Council v Ashford Borough Council and others: CA 28 Jul 1999

The governors of a voluntary controlled school were not the ratable occupiers of it, but rather the local education authority were. The devolution of a limited range of financial responsibility by the Education Act 1996 did not transfer the occupation or control of the schools. Judges: Roch, Sedley LJJ, Lord Lloyd of Berwick Citations: Gazette … Continue reading Kent County Council v Ashford Borough Council and others: CA 28 Jul 1999

Regina v Islington London Borough Council, ex parte G A (a Child): Admn 20 Oct 2000

The child was severely disabled and was to be schooled as a weekday boarder 75 miles from home. He sought assistance with the travelling expenses when his condition worsened and the arrangements became more burdensome. Held: It was not open to a local authority to refuse to contribute to a child’s travelling expenses to a … Continue reading Regina v Islington London Borough Council, ex parte G A (a Child): Admn 20 Oct 2000

C v Lambeth London Borough Council and Another: QBD 27 May 1999

In deciding whether to make a special needs assessment, a local education authority can allow for the fact that parents have made available to their child privately special assistance, which, if continued, might allow the child to lead a normal school life. Citations: Times 27-May-1999 Statutes: Education Act 1996 323 Education Updated: 19 May 2022; … Continue reading C v Lambeth London Borough Council and Another: QBD 27 May 1999

B v Harrow London Borough Council and Another: HL 8 Jan 1992

The claimant asked the education authority to provide education for a child with special needs. The parent expressed a preference for a school outside the authority’s area. The question at issue was, when deciding whether such a placement would be an effective use of the resources, the effect of the placement on both authorities was … Continue reading B v Harrow London Borough Council and Another: HL 8 Jan 1992

Regina v Richmond Upon Thames London Borough Council and Another, Ex Parte JC (A Child): CA 10 Aug 2000

The restrictions placed upon the maximum class sizes in turn restricted the rights of parents to appeal against refusal of a school place. It is for the parent to satisfy the original admissions committee and the appeal committee of the need for a place. There are two only grounds of appeal. An application to judicially … Continue reading Regina v Richmond Upon Thames London Borough Council and Another, Ex Parte JC (A Child): CA 10 Aug 2000

Catchpole v Buckinghamshire County Council and Another: CA 18 Mar 1999

When selecting a school for a child assessed as in need of special educational provision, the education authority should take account of the parents’ expressed preferences. That duty did not override a general principal of parental preference. Citations: Times 18-Mar-1999 Statutes: Education Act 1996 9 Sch 27 3(3) Jurisdiction: England and Wales Education Updated: 10 … Continue reading Catchpole v Buckinghamshire County Council and Another: CA 18 Mar 1999

O v Harrow London Borough Council: CA 18 Dec 2001

The applicant had appealed to the Special Educational Needs Tribunal. They had remitted the case to the authority for reconsideration, and the applicant again sought to appeal the authority’s decision to refuse a statement of special educational need. The Tribunal declined jurisdiction under its rules, and the applicant appealed that order. Held: All that was … Continue reading O v Harrow London Borough Council: CA 18 Dec 2001

Regina v Rotheram Metropolitan Borough Council, Ex Parte Clark and Others: QBD 20 Nov 1997

It was not unlawful for a Council to use catchment areas for the allocation of school places but they must first ascertain the parents’ wishes. A system for choosing secondary schools by default of the parent expressing preference did not give a proper choice satisfying Act. Citations: Times 20-Nov-1997, Times 04-Dec-1997 Statutes: Education Act 1996 … Continue reading Regina v Rotheram Metropolitan Borough Council, Ex Parte Clark and Others: QBD 20 Nov 1997

S v Essex County Council and another: QBD 10 May 2000

The Special Educational Needs Tribunal had jurisdiction to hear an appeal by a parent against the decision of an education authority to cease to hold an assessment that a child had special educational needs once the child reached the age of sixteen, and education was not compulsory. The definition of a child with such needs … Continue reading S v Essex County Council and another: QBD 10 May 2000

Regina (Southern, a Minor) v Oxfordshire County Council: QBD 23 Jan 2004

The claimant sought to oblige the local authoritry to support his exceptionally bright child by recognising her needs and paying for her education at a private high school. Held: The authority had no power to make such an award under s18, but did have a discretion to make an award under the Regulations. It could … Continue reading Regina (Southern, a Minor) v Oxfordshire County Council: QBD 23 Jan 2004

W v Gloucestershire County Council and Another: QBD 19 Jul 2001

The father had applied for an assessment of his son’s special educational needs. He was found to be in need of support, but the authority named a school other than the one the father nominated. He appealed, claiming that the authority had failed to allow for circumstances outside those which immediately gave rise to the … Continue reading W v Gloucestershire County Council and Another: QBD 19 Jul 2001

Regina v East Sussex County Council Ex Parte Tandy: HL 21 May 1998

A Local Authority may not take its own financial constraints into account when assessing what was an appropriate education for a child in special needs case. It was wrong to try to turn a statutory duty into a power or a discretion. Ordinarily cost, where relevant, will be a matter to be taken into account … Continue reading Regina v East Sussex County Council Ex Parte Tandy: HL 21 May 1998

Regina v Birmingham City Council, Ex Parte Youngson (A Child): QBD 9 Jan 2001

The authority’s policy not to make an educational grant unless the parents demonstrated hardship, that financial assistance was unavailable elsewhere, and that no alternative to the educational avenue chosen was available, or that other exceptional circumstances applied, was lawful. In this case the student’s need for dancing tuition could be satisfied in a day school … Continue reading Regina v Birmingham City Council, Ex Parte Youngson (A Child): QBD 9 Jan 2001