The needs of a child, as to educational and non-educational overlapped, and accordingly, it was within the discretion of the Special Needs Tribunal to include among the educational needs of a child others within that overlap. Physiological, occupational, and speech therapy, were all properly included within the educational needs assessment. The court explained the nature … Continue reading Bromley London Borough Council v Special Educational Needs Tribunal and Others: CA 26 May 1999
Judges: Stanley Burnton J Citations: [2007] EWHC 790 (Admin) Links: Bailii Statutes: Education Act 1996 Jurisdiction: England and Wales Education Updated: 05 December 2022; Ref: scu.254340
(Commission) A reasonable denial of the right to education does not violate the Convention. Citations: (1996) 84-A DR 98 Jurisdiction: Human Rights Cited by: Cited – 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 … Continue reading Sulak v Turkey: ECHR 1996
Gilliatt Parents wanted their high end autistic child to be educated according to the Lovaas principle at home with a phased introduction into mainstream school. The local education authority proposed that the child should be educated at a specialist centre based in a school. The court held that under s 319 of the Education Act … Continue reading T v Special Educational Needs Tribunal and Another: Admn 18 Jul 2002
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 section 312(4) of the 1996 Act is wide enough to include naming a particular … Continue reading 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 plaintiff claimed damages for acute stress after failing to rescue his two daughters in an accident caused by the defendant. After the accident, he became involved in family proceedings concerning custody of other children. Medical reports used in the children proceedings suggesting an improvement in his condition had not been disclosed to the court … Continue reading Vernon v Bosley (3): CA 19 Dec 1996
The parties had married, but the male partner was a transsexual, having been born female and having undergone treatment for Gender Identity Dysphoria. After IVF treatment, the couple had a child. As the marriage broke down the truth was revealed in court, but the plaintiff said that his wife had known the true position. He … Continue reading J v S T (Formerly J): CA 21 Nov 1996
C was born with a liver defect. After a failed operation, the parents, both caring health professionals, decided not to put him through major surgery again. The local authority and doctors obtained an order to allow a potentially life saving liver transplant. The parents now appealed. Held: The appeal succeeded.Butler-Sloss LJ said: ‘it is clear … Continue reading In re T (a Minor): CA 24 Oct 1996
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 Jurisdiction: England and Wales Cited by: Cited … Continue reading Regina v Secretary of State for Education and Employment and Another Ex Parte Morris and Others: QBD 15 Dec 1995
Further education under special needs provisions for an adult are to be tailored to his particular needs. Citations: Times 31-Oct-1996, [1996] EWHC Admin 130 Links: Bailii Statutes: Higher Education Act 1992 Jurisdiction: England and Wales Education, Local Government Updated: 21 August 2022; Ref: scu.136678
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
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
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
A question as to the correct construction of section 9. Judges: Mr Justice Plender Citations: [2009] EWHC 1091 (QB) Links: Bailii Statutes: Education Act 1996 9 Jurisdiction: England and Wales Education Updated: 12 July 2022; Ref: scu.375077
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
‘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
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
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
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
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
The duty to provide education is a personal right of the child which is not delegable by the Local Authority. Citations: Times 15-Oct-1996 Statutes: Education Act 1993 168 Jurisdiction: England and Wales Education, Local Government Updated: 05 June 2022; Ref: scu.88496
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
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
ECJ By making the grant of tideover allowances to young people seeking their first employment subject to the requirement of having completed their secondary education in an establishment subsidized or approved by it, a Member State imposes a condition which is likely to be more easily fulfilled by the children of its own nationals than … Continue reading Commission v Belgium: ECJ 12 Sep 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
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
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
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
Application to quash the Secretary of State’s refusal to declare void a ballot as to the future status as grant maintained of a school. Citations: [1996] EWHC Admin 351 Links: Bailii Statutes: Education Act 1993 31(2) Education Updated: 25 May 2022; Ref: scu.136899
Local Authority had a duty to meet additional costs of providing for pupil’s special needs. Citations: Times 09-Jan-1997, [1996] EWHC Admin 342 Links: Bailii Statutes: Education Act 1993 168(5)(a)(i) Education Updated: 25 May 2022; Ref: scu.136890
The claimant’s statement of special educational needs had said that he should attend an ‘appropriate school or other arrangements’. The defendant had altered this to specify his attendance at a particular school. Judges: Hidden J Citations: [1996] EWHC Admin 163 Links: Bailii Statutes: Education Act 1981 8(6) Education Updated: 25 May 2022; Ref: scu.136711
Citations: [1996] EWHC Admin 168 Links: Bailii Statutes: Education Act 1993 Jurisdiction: England and Wales Education Updated: 25 May 2022; Ref: scu.136716
The Court should be ready to refuse any application made on a ground previously rejected. Citations: Times 18-Oct-1996, [1996] EWHC Admin 105 Links: Bailii Litigation Practice Updated: 25 May 2022; Ref: scu.136653
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
(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
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
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
Land was granted for use as a school for the education of poor persons in accordance with the principles of the National Society. In 1876 the school had become a ‘provided school’ run by a School Board under the Education Act 1870. That meant that, by virtue of section 14(2) of the Act, no ‘religious … Continue reading Habermehl v Attorney General: 1996
A Local Education Authority’s wish for a new grammar school was not wrong even though it was later opposed by a supervening Local Education Authority. Citations: Times 13-Nov-1996 Statutes: Education Act 1980 12 Jurisdiction: England and Wales Education Updated: 11 May 2022; Ref: scu.88396
A local authority was to make allowance for resources available in neighbouring authority in considering proper use of own resources to allow parental wishes. Citations: Times 26-Mar-1998, Gazette 29-Apr-1998 Statutes: Education Act 1996 Sch 27 Para 3 (3) (b) Jurisdiction: England and Wales Education Updated: 10 May 2022; Ref: scu.78063
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
The appellant, a male delicatessen assistant, was dismissed by his employers because his hair, which he wore in a ponytail style, breached the employers’ rules for male staff, which stipulated tidy hair not below collar length and no unconventional hair styles. Held: He had not been discriminated against on the grounds of sex. A dress … Continue reading Smith v Safeway Plc: CA 5 Mar 1996
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
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
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
A Health Authority may ration the resources it had allocated to special education support. Citations: Times 15-Oct-1996 Statutes: Education Act 1993 166 Education, Local Government Updated: 10 April 2022; Ref: scu.88390
An Education Authority planning to close a school must inform and consult with the parents. Citations: Times 11-Jun-1996 Statutes: Education Act 1993 183 Education Updated: 09 April 2022; Ref: scu.87101
A funding agency is not obliged to calculate the number of pupils in the same way as a local authority. Citations: Times 16-Jan-1996 Statutes: Education Reform Act 1988 Chap III Education Updated: 09 April 2022; Ref: scu.86680
The Act can apply to an educational establishment if it is found that it ‘carries on business’. Citations: Times 23-Jul-1996 Statutes: Business Names Act 1985 Jurisdiction: England and Wales Company Updated: 09 April 2022; Ref: scu.83171
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
A foster parent is a ‘parent’ for the purposes of a special educational needs assessment. Citations: Times 15-Aug-1996 Statutes: Education Act 1993 169 Education Updated: 08 April 2022; Ref: scu.80450
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Silent telephone calls which resulted in psychiatric damage to the victim could constitute an ‘assault occasioning actual bodily harm’ for the purposes of section 47 of the 1861 Act. Swinton Thomas LJ said: ‘The early cases pre-date the invention of . .
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Parents challenged changes to arrangements for transport of eligible children to and from school. Judges: Sales J Citations: [2013] EWHC 579 (Admin) Links: Bailii Statutes: Education Act 1996 508B Jurisdiction: England and Wales Education, Benefits Updated: 14 November 2022; Ref: scu.471758
The claimant who required support from the Council for his ADHD disorder challenged the respondent’s budget insofar as it limited support for children’s services in the Revenue Budget. Ge said that in making its decision to cut the budget, the Council unlawfully failed to comply either with (i) its obligations under section 507B of the … Continue reading Hunt v North Somerset Council: Admn 18 Jul 2012
The claimant had been dismissed for gross misconduct. As a teacher he had drunk alcohol at school, and taken a bottle of wine. His complaint of unfair dismissal had been dismissed, and he appealed that decision, saying the school had departed from proper procedures, that the panels had been chosen in contravention of procedures, and … Continue reading Atkin v The Grove Primary School and Another: EAT 15 Nov 2001
Education, Health and Care Plan – whether placement at mainstream community secondary school lawful – whether First-Tier Tribunal made fundamental errors of fact/failed to take relevant evidence into account – whether procedural unfairness – whether balancing exercise under s.9 Education Act 1996 carried out properly. Citations: [2020] UKUT 329 (AAC) Links: Bailii Jurisdiction: England and … Continue reading BK, AK v Hackney London Borough Council: UTAA 24 Nov 2020
Judges: Lord Neuberger MR, Richards, Davis LJJ Citations: [2012] EWCA Civ 346 Links: Bailii Statutes: Education Act 1996 Jurisdiction: England and Wales Education Updated: 05 October 2022; Ref: scu.452196
renewed application for permission to appeal – SEN assessment Citations: [2001] EWCA Civ 820 Links: Bailii Statutes: Education Act 1996 Jurisdiction: England and Wales Education Updated: 14 September 2022; Ref: scu.218187
Education Act 1996, section 9 – factors to be taken into account in balancing exercise – whether wider health care and social benefits to be taken into account when deciding whether additional public expenditure is unreasonable – K v Hillingdon LBC (SEN) [2011] UKUT 71 (AAC); [2011] AACR 31 and KE v Lancashire CC (SEN) … Continue reading London Borough of Croydon v K-A (SEN): UTAA 20 Apr 2022
The issue in this case was whether there is a right of appeal to the Upper Tribunal against a review decision of the Special Educational Needs Tribunal for Wales. The Upper Tribunal decides that there is a right of appeal, which is not the case for review decisions of the First-tier Tribunal. The application of … Continue reading AB v Newport City Council: UTAA 28 Jun 2022
The claimant challenged the scheme set out for procurement when making arrangements with a sponsor for establishing a school as an Academy school. . The main ground of challenge was that the procurement did not comply with the Public Contracts Regulations 2006. Held: Arden LJ dismissed that ground substantively. She went on, however, to consider … Continue reading Chandler, Regina (On the Application of) v Secretary of State for Children, Schools and Families: CA 9 Oct 2009
Challenge to statement of special educational needs. Judges: Sedle, Smith, Elias LJJ Citations: [2010] EWCA Civ 135, [2010] ELR 312 Links: Bailii Statutes: Education Act 1996 Jurisdiction: England and Wales Education Updated: 15 August 2022; Ref: scu.402937
Citations: [2013] EWCA Civ 57 Links: Bailii Statutes: Education Act 1996 507 Jurisdiction: England and Wales Education, Local Government Updated: 28 July 2022; Ref: scu.470934
Challenge to authority’s decision not to support child with special educational needs. Citations: [2008] EWCA Civ 661 Links: Bailii Statutes: Education Act 1996 Jurisdiction: England and Wales Education Updated: 17 July 2022; Ref: scu.269724
Citations: [2000] EWHC Admin 295 Links: Bailii Statutes: Education Act 1996 Jurisdiction: England and Wales Education Updated: 13 July 2022; Ref: scu.140109
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
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
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
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
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
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
Citations: [2019] EWFC B12 Links: Bailii Statutes: Education Act 1996 44491) Jurisdiction: England and Wales Education, Crime Updated: 17 June 2022; Ref: scu.635941
Appeal against special educational needs statement Judges: Mr Justice McCombe Citations: [2004] EWHC 2513 (Admin) Links: Bailii Statutes: Education Act 1996 326 Jurisdiction: England and Wales Education Updated: 10 June 2022; Ref: scu.219287
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
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
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
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
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
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
Citations: [1999] EWHC Admin 789 Links: Bailii Statutes: Education Act 1996 Education, Costs Updated: 28 May 2022; Ref: scu.140053
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
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
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
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
