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 special education and the rest, recognising the possible additional costs, and carrying quite different funding arrangements. The remaining provisions allowing for the expression of a preference, did not carry the additional obligations on the local authority. It was proper for the authority to make allowance for the resources available when allocating a school place for the child.
Judges:
Lord Browne-Wilkinson Lord Slynn of Hadley Lord Clyde Lord Saville of Newdigate Lord Millett
Citations:
Times 28-Jan-2000, [2000] UKHL 2, [2000] 1 All ER 876, [2000] 1 WLR 223
Links:
Statutes:
Education Act 1996 9 Part IV, Education (Special Educational Needs) Regulations 1994 (S.I. 1994 No. 1047)
Jurisdiction:
England and Wales
Education, Local Government
Updated: 31 May 2022; Ref: scu.159036
