Complaint was made within time limit when the decision complained of was a reconsideration of an earlier decision, not just a reference back to it. Held: In a sex discrimination case, where there has been a constructive dismissal, time runs from the date of the employer’s breach and not from the date of the employee’s … Continue reading Cast v Croydon College: CA 19 Mar 1998
The applicant, having moved here from Greece, applied for emergency housing. The Council received no reply to its requests for corroboration sent to Greece. Housing was refused, but the officer later suggested that the real reason was that the applicant had accommodation available in Greece. The court considered an affidavit on behalf of the decision-maker … Continue reading Regina v Westminster City Council Ex Parte Ermakov: CA 14 Nov 1995
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
The Secretary of State had appointed inspectors to investigate and report on a company takeover. In their report, which was published, the inspectors made findings which were critical of and damaging to the applicants, who relied on the civil limb of article 6(1) to complain that they had been denied effective access to the courts … Continue reading Fayed v United Kingdom: ECHR 6 Oct 1994
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
Fair Coment on Political Activities The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the claimant’s status as a politician. Held: The appeal failed (Lords Hope … Continue reading Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999
(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
The copyright tribunal was given a wide discretion for the awarding of costs on applications made to it for licenses. The nature of the applications and the different basis makes it dangerous to import rules for awards from the general rules on costs. The Copyright Tribunal was wrong to award costs on an award to … Continue reading AEI Rediffusion Music Ltd v Phonographic Performance Ltd: CA 1 Feb 1999
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
Regulation 4 of the Requirements for Teachers (Scotland) Regulations 2005 (‘the 2005 Regulations’), provides that a local education authority can employ only registered teachers. The issue in this appeal (brought by the local education authority) is whether the term ‘registered teacher’ in that provision simply means a teacher whose details have been entered on to … Continue reading Dumfries and Galloway Council v Carroll: EAT 7 Aug 2019
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
The plaintiff was a manager within the social services department. He suffered a mental breakdown in 1986, and had four months off work. His employers had refused to provide the increased support he requested. He had returned to work, but again, did not receive the staff or guidance to allow him to do the work … Continue reading Walker v Northumberland County Council: QBD 16 Nov 1994
The cost of the delivery of a quantity of new cars from the factory or depot to the purchaser is incidental and ancillary to the supply of the cars themselves, and the VAT on delivery charges was not reclaimable by the purchasing company as Input Tax. The sale of a car and the delivery to … Continue reading Commissioners of Customs and Excise v British Telecommunications Plc: HL 11 Feb 1999
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
The applicant had obtained what it thought to be clearance from the Revenue for a complex scheme, whose effectiveness depended on whether investors would qualify for capital allowances. The Inspector initially gave a favourable assurance, but that was subsequently withdrawn. Held: The taxpayer’s application failed. A tax clearance certificate was properly withdrawn for a failure … Continue reading Regina v Inland Revenue Commissioners Ex Parte Matrix Securities Ltd: HL 14 Mar 1994
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
A building owner appealed against enforcement notices which alleged that there had been a material change of use of his buildings in 1982. This notice was issued by a planning authority. As a result of the appeal an inspector determined that the buildings were in hotel use. The use of the buildings did not change … Continue reading Thrasyvoulou v Secretary of State for the Environment: HL 1990
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
Commission decision – a reasonable denial of the right to education does not violate the Convention. Citations: 13477/87 Jurisdiction: Human Rights Cited by: Mentioned – 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 … Continue reading Whitman v United Kingdom: ECHR 4 Oct 1989
Parents applied for secondary school places, indicating three single sex schools. This was from a clear religious conviction. The local authority allocated another place, without giving reasons, but did provide a pamphlet setting out its policy, which showed that one criterion was a preference for a single-sex school. Held: The need to respect religious views … Continue reading Regina (K) v Newham London Borough Council and Another: QBD 19 Feb 2002
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 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
News Group Newspapers Ltd had been joined as a party, in order that it could argue the obvious public interest relating to the importance, which has long been accepted in the courts, of the interest, not just of the press but of the public generally, in freedom of reporting and openness in court hearings. Discrimination … Continue reading Chessington World of Adventures Ltd v Reed: EAT 27 Jun 1997
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
To exclude a child from school for as long as his parents refused to let him be beaten ‘cannot be described as reasonable and in any event falls outside the State’s power of regulation in article 2’. The Convention protects only religions and philosophies which are ‘worthy of respect in a ‘democratic society’ and are … Continue reading Campbell and Cosans v The United Kingdom: ECHR 25 Feb 1982
The court considered the criteria for determining whether the provision to guests by a hotelier of travel services (and in particular transport to and from the hotel and excursions) constituted supply which was ancillary to the supply of accommodation. Held: The provision applied not just to travel agents, but to all ‘traders who habitually arrange … Continue reading Commissioners of Customs and Excise v Madgett and Baldwin (trading as Howden Court Hotel): ECJ 22 Oct 1998
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
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 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
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
The House considered the need when assessing community care provision to include considerations of the cost and resources for care. The case concerned a question about the relevance of cost and arose in the context of a duty to make certain arrangements where a local authority is satisfied this is ‘necessary’ in order to meet … Continue reading Regina v Gloucestershire County Council and Another, Ex Parte Barry: HL 21 Mar 1997
An employee did not return to work after a presentation to him of a good service award, because he had drunk alcohol. A new policy required staff not to return to work after consuming alcohol, but had also said that alcohol would not be provided. Held: The tribunal had failed to look properly at how … Continue reading Haddon v Van Den Bergh Foods Ltd: EAT 10 Nov 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
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 council had taken the applicant’s children into care alleging that the mother had harmed them. In the light of the subsequent cases casting doubt on such findings, the mother sought the return of her children. She applied now that the hearings be in public. Held: The applicant and her solicitors had already made significant … Continue reading Kent County Council v The Mother, The Father, B (By Her Children’s Guardian); Re B (A Child) (Disclosure): FD 19 Mar 2004
(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
The court was asked whether the daughter of Cecil Parkinson and Sarah Keays should be permitted to take part in a television programme about the specialist help she was receiving for her special educational needs. Held: The court refused to vary an injunction against publication of any details with regard to a particular child. This … Continue reading In re Z (A Minor) (Identification: Restrictions on Publication): CA 31 Jul 1995
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 wife was co-owner of the family home. Her husband owed money to the bank. He separated from his wife and left the matrimonial home moving to another house owned by the wife. The bank obtained a charging order absolute against the husband’s interest in the matrimonial home and then sought an order under section … Continue reading Barclays Bank Plc v Hendricks and Another: ChD 3 Nov 1995
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
(Commission) A reasonable denial of the right to education does not violate the Convention. Citations: (1994) 74 DR 14 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 requirements imposed by … Continue reading Yanasik v Tukey: ECHR 1994
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
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
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
Judicial review was sought of the Council’s decision to refuse to register a park as a Town or Village Green. Held: Carnwath J looked at the procedure to be followed by a council receiving an application for registration of commons right: ‘it is accepted that if the matter has to be reconsidered by the Council … Continue reading Regina v Suffolk County Council Ex Parte Steed and Steed: Admn 1995
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
In the case of a fixed term contract which expired and had not been renewed: ‘Why was not the employee’s contract renewed?’ If the answer was, in the case of a teacher, that there was no more work for him to do and the requirements of the school or college for teachers or lecturers had … Continue reading Nottinghamshire County Council v Lee: CA 1980
Land in Northholt was granted under the 1841 Act for use as a school. In 1907 the school was closed, another school having been opened by the local authority nearby. Thereafter the building was used only once a week for a Sunday school. The Board of Education contended that there had been no reverter because … Continue reading Attorney General v Shadwell: 1910
Challenge was made to the way the Council set its rate. Prior to the decision, the majority group held a private meeting at which a decision was reached following a vote on the appropriate increase. It was then the duty of the members to vote in accordance with that decision and a number of members … Continue reading Regina v Waltham Forest London Borough Council, Ex parte Baxter: CA 1988
An application to extradite a former head of state for an offence which was not at the time an offence under English law would fail, but could proceed in respect of allegations of acts after that time. No immunity was intended for heads of state. International law prohibiting torture has the character of jus cogens … Continue reading Regina v Bartle and Commissioner of Police for the Metropolis and Others, ex parte Pinochet Ugarte; Regina v Evans and Similar (No 3): HL 24 Mar 1999
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 settlor applied for the approval of an arrangement for the export of his trust to Jersey, where he had gone to live. The court considered its powers under the 1968 Act. Held: The court should not consider merely the financial benefit to the infants or unborn children, but also their educational and social benefit. … Continue reading Re Weston’s Settlement Trusts: CA 1968
In deciding whether in the case of employment under a series of short contracts the intervals between the contracts amount to temporary cessation of work, one must look back from the date of termination of the employment over the whole period during which the employee has been employed. There is a material difference in law … Continue reading Ford v Warwickshire County Council: HL 1983
The judge had ordered the father to make money settlements on his daughters which had no relation to accommodation or their need during minority. Held: The judge had gone quite ouside the jurisdiction of the Act, and the appeal succeeded. Children are entitled to a suitable home, to an upbringing, and to an education which … Continue reading Lord Lilford v Glyn: CA 1979
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
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
Police’s Complete Immunity was Too Wide (Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, which the police investigated and in respect … Continue reading Osman v The United Kingdom: ECHR 28 Oct 1998
The claimant was a superintendent registrar of Births Deaths and Marriages. His union instructed him not to conduct weddings on Saturdays. He had been told that if he failed to perform his full range of duties on a Saturday (including marriages), he would not be required to attend for work and would not be paid. … Continue reading Miles v Wakefield Metropolitan District Council: HL 1987
Lawfulness of Contraceptive advice for Girls The claimant had young daughters. She challenged advice given to doctors by the second respondent allowing them to give contraceptive advice to girls under 16, and the right of the first defendant to act upon that advice. She objected that the advice infringed her rights as a parent, and … Continue reading Gillick v West Norfolk and Wisbech Area Health Authority and Department of Health and Social Security: HL 17 Oct 1985
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
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
First degree courses are quite outside the scope of special need assessments, and a local authority was free to refuse to provide an assessment of a child with a view to making arrangements for education at that level. Citations: Times 17-Sep-1998 Statutes: Education Act 1996 1 Education Updated: 09 April 2022; Ref: scu.87558
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 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
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
A Local Authority considering closing a residential home did not have a duty to notify and consult with each resident who might be affected, but did have a duty to act fairly, and to give sufficiently prominent notice and sufficient time to allow residents to make representations and give their objections, and for these to … Continue reading Regina v Devon County Council Ex Parte Baker, Regina v Durham County Council Ex Parte Broxson: CA 22 Feb 1993
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
Power of Special Educational Needs Tribunal to consider child’s home circumstances is limited unless they bear directly on educational issues. Citations: Times 10-Feb-1998 Statutes: Education Act 1996 322 Education Updated: 08 April 2022; Ref: scu.80723
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
This appeal is concerned with the liability of a local authority for what is alleged to have been a negligent failure to exercise its social services functions so as to protect children from harm caused by third parties. The principal question of law which it raises is whether a local authority or its employees may … Continue reading Poole Borough Council v GN and Another: SC 6 Jun 2019
The claimant had spent his childhood in foster care, and now claimed damages against a local authority for decisions made and not made during that period. The judge’s decision to strike out the claim had been upheld by the Court of Appeal. Held: An adult formerly in the care of a local authority as a … Continue reading Barrett v London Borough of Enfield: HL 17 Jun 1999
