This judicial review concerns a challenge by the claimant to the way in which the defendant discharges its statutory responsibilities under the Education Act 1996 in respect of children of school age who are not receiving education at a school. The claimant contends that her children are receiving a suitable education at home. She complains that the defendant is imposing on her and others in a similar position, the burden of proving that her children are receiving a suitable education at home, when the statutory scheme does not (at that point) impose such a burden; and that the defendant is fettering its discretion by refusing, as a matter of principle, to accept information provided by the claimant as demonstrating that her children are receiving a suitable education.
Mr Justice Lane
[2021] EWHC 3057 (Admin)
Bailii
England and Wales
Education
Updated: 18 December 2021; Ref: scu.669873
