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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Education - From: 1994 To: 1994

This page lists 13 cases, and was prepared on 27 May 2018.

 
Re C (a minor) [1994] ELR 273
1994
CA
Staughton LJ, Steyn LJ and Russell LJ
Education
The question was whether a school which was not that of parental choice could be regarded as suitable or, to put it the other way round, whether free transport had to be provided where a parent had chosen a school which was not the nearest to the child's home and that choice had been accepted by the local education authority. Held: "The County Council have two alternative points … First they say that under s.39(2)(c) it is the arrangements that have to be suitable, not the school nearest home. Presumably they would say, in a case which involved either of the other two choices in that paragraph [i.e. what are now s.444(4)(b)(i) and (ii)] that the transport or the boarding accommodation does not have to be suitable, but only the arrangements. That argument appealed to Rose J in R v East Sussex CC ex p D [1991] 15 March (unreported) and to Jowitt J in the present case, but not to Roch J R v Rochdale Metropolitan BC ex p Schemet [1994] E.L.R. 89. It does not appeal to me. Arrangements for unsuitable transport, or unsuitable boarding accommodation or an unsuitable school nearer home, are in my judgment unsuitable arrangements. I cannot elaborate the point further than that". Steyn LJ: "… In my view s.39(2)(c) … contemplated that a local education authority is entitled to make arrangements for a child registered at one school to become a registered pupil at another suitable school nearer home … An acceptance of the appellants' argument would emasculate the local education authority's power under s.39(2)(c) to nominate an objectively suitable school nearer the child's home". Russell LJ: "… I cannot believe that parliament intended that a parent could always demand free transport irrespective of the distance involved and irrespective of an equally suitable educational establishment nearer to the child's home".
1 Cites

1 Citers


 
Yanasik v Tukey (1994) 74 DR 14
1994
ECHR

Human Rights, Education
(Commission) A reasonable denial of the right to education does not violate the Convention.
1 Citers


 
Ex Parte M (Judicial Review: Education) Times, 22 March 1994
22 Mar 1994
QBD

Education
Judicial Review applications challenging admissions policy to be in certain form.


 
 Regina v Dorset County Council; Christmas v Hampshire County Council; Keating v Bromley London Borough Council; CA 4-May-1994 - Independent, 04 May 1994; [1998] ELR 1
 
Regina v Surrey County Council ex parte G, Regina v Same ex parte H Times, 24 May 1994
24 May 1994
QBD

Education
Parent cannot dictate the sort of assessment of special needs required.
Education Act 1981 9(1)

 
Regina v Lancashire County Council ex parte Foster Times, 24 May 1994
24 May 1994
QBD

Education
The use of criteria of religion on the allocation of school places might be sensible when places are short.

 
S, Regina (on the Application of) v Secretary of State for Education [1995] ELR 71; [1994] EWCA Civ 37; [1995] 2 FCR 225; [1995] COD 48
15 Jul 1994
CA

Education, Administrative

Education Act 1981 8
1 Cites

1 Citers

[ Bailii ]
 
Regina v Secretary of State for Education ex parte S Times, 20 July 1994
20 Jul 1994
CA

Education
Secretary of State no duty to disclose advice on special needs award if raises no new point.

 
Regina v Dyfed County Council Ex Parte S (Minors) Independent, 12 August 1994; Times, 25 July 1994
25 Jul 1994
CA

Education, Discrimination
No objection was to be taken for English children sent to mainly Welsh speaking school. They were not entitled to transport to a school with a greater number of English speakers.
1 Cites

1 Citers


 
Regina v Secretary of State for Education ex parte S Independent, 21 September 1994; Ind Summary, 15 August 1994
15 Aug 1994
CA

Education
The Secretary of State need not disclose his internal advice on an appeal on a special needs assessment. He had not acted unfairly.
Education Act 1981 8

 
Regina v Governors of Haberdashers' Aske's Hatcham College Trust Ex Parte Tyrell Times, 19 October 1994; Independent, 12 October 1994
12 Oct 1994
QBD

Judicial Review, Education
Admission decisions of City Technology Colleges are susceptible to Judicial review.

 
Regina v Newham London Borough Council and Another Ex Parte X Times, 15 November 1994
15 Nov 1994
QBD

Education
A school was not to expel a child without first giving an opportunity for representations to be made on his behalf.

 
Regina v Dorset County Council and Another Ex Parte G Times, 30 December 1994
30 Dec 1994
QBD

Education
Local Authority's obligation to maintain special needs statement continues beyond the age of sixteen.
Education Act 1981 Sch 1

 
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