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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: 1996 To: 1996

This page lists 43 cases, and was prepared on 27 May 2018.

 
Regina v London Borough of Islington ex parte East [1996] ELR 74
1996
Admn
Keene J
Education, Administrative
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"
1 Cites

1 Citers


 
South Glamorgan County Council v L and M [1996] ELR 400
1996


Local Government, Education

1 Citers


 
Sulak v Turkey (1996) 84-A DR 98
1996
ECHR

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


 
S v Special Educational Needs Tribunal and the City of Westminster [1996] ELR 102
1996
QBD
Latham J
Education
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, as in the present appeal, issues of general principle as to jurisdiction and procedure are raised, and the tribunal has relevant material to put before the court, it is obviously appropriate for the tribunal to appear and be heard." If the tribunal did appear for this limited purpose, it would not be making itself a party to the lis or be concerned to contest the appeal. It would simply be making its expertise and knowledge available to the court, and the very fact of its appearance would not make it any more susceptible to an adverse costs order than if it had not appeared.
1 Citers


 
Regina v Funding Agency for Schools Ex Parte Bromley London Borough Council Times, 16 January 1996
16 Jan 1996
QBD

Education
A funding agency is not obliged to calculate the number of pupils in the same way as a local authority.
Education Reform Act 1988 Chap III

 
Pfaffinger and Another v City of Liverpool Community College and Another [1996] UKEAT 423_95_0403
4 Mar 1996
EAT
Mummery P
Employment, Education
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 dismissed, and had been so dismissed for redundancy. In the first case, the claimant continued work for the defendant after the nominal expiry of her employment contract so as to help prepare for the next academic year. The effect of Ford was that a teacher employed in successive years under fixed term contracts, with periods of unemployment during vacations, has continuous employment for the purposes of claiming unfair dismissal and redundancy payments.
Employment Protection (Consolidation) Act 1978 Sch 13 para 9(1)
1 Cites

[ Bailii ]
 
Regina v Islington Borough Council Ex Parte Rixon Times, 17 April 1996; (1998) 1 CCLR 119; [1997] ELR 66
17 Apr 1996
QBD
Sedley J
Education
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 J said: "In my judgment Parliament in enacting section 7(1) did not intend local authorities to whom ministerial guidance was given to be free, having considered it, to take it or leave it. Such a construction would put this kind of statutory guidance on a par with the many forms of non-statutory guidance issued by departments of state . . Parliament by section 7(1) has required local authorities to follow the path charted by the secretary of state's guidance, with liberty to deviate from it where the local authority judges on admissible grounds that there is good reason to do so, but without freedom to take a substantially different course."
National Health Service and Community Care Act 1990 47(1)(b)
1 Citers


 
Regina v East Sussex County Council ex parte Bird and others [1996] EWHC Admin 8
26 Apr 1996
Admn

Education

[ Bailii ]
 
Regina v Admissions Appeal Committee of of St Mary's and St Pancras School ex parte Angela Jeanette Stringer [1996] EWCA Crim 456
17 May 1996
CA

Education

[ Bailii ]
 
Regina v Lambeth London Borough Council Ex Parte N Times, 11 June 1996
11 Jun 1996
QBD

Education
An Education Authority planning to close a school must inform and consult with the parents.
Education Act 1993 183

 
Regina v Bedfordshire County Council ex parte DE Unreported, 1 July 1996; CO/3921/95
1 Jul 1996

Collins J
Education

1 Cites

1 Citers


 
Regina v Special Educational Needs Tribunal ex parte Fairpo [1996] EWHC Admin 38
16 Jul 1996
Admn
Mr Justice Laws
Education
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'. It was argued that the local authority with parental responsibility or the natural parents should take precedence over a foster parent. The court held that the words 'unless the context otherwise requires were insufficient to exclude a foster carer as a person involved in the full-time care of a child on a settled basis. It might well be in the child's interests that a case could be taken to the SENT if there was a disagreement between the statutory parent and the actual carer.
Education Act 1993 114(b)

 
Regina v Admissions Appeal Committee of St Mary and St Pancras School ex parte Angela Jeanette Stringer [1996] EWCA Civ 525
22 Jul 1996
CA

Education

[ Bailii ]
 
Regina v Secretary of State for Education and Employment, Ex Parte Mccarthy and Another Times, 24 July 1996
24 Jul 1996
QBD

Education
An Independent special needs school should be consulted before the withdrawal of approval.

 
Regina v Special Educational Needs Tribunal and Cambridgeshire County Council ex parte Chapman [1996] EWHC Admin 48
24 Jul 1996
Admn

Education


 
Regina v Cheshire County Council ex Parte: Halton College [1996] EWCA Civ 554
30 Jul 1996
CA

Education

[ Bailii ]
 
Regina v Cheshire County Council and Another, Ex Parte C Times, 08 August 1996
8 Aug 1996
QBD

Education
Choice of school in statement not affected by cost where no cost difference.

 
Regina v Camden London Borough Council Ex Parte H (A Minor) Times, 15 August 1996
15 Aug 1996
CA

Education
The re-admission of a violent pupil must allow for effect on victim of re-admission.

 
Fairport v Humberside County Council Times, 15 August 1996
15 Aug 1996
QBD

Education
A foster parent is a 'parent' for the purposes of a special educational needs assessment.
Education Act 1993 169

 
Burbridge v Birmingham City Council [1996] EWCA Civ 601
6 Sep 1996
CA

Education

[ Bailii ]
 
London Borough of Haringey v Special Educational Needs Tribunal and Carver [1996] EWHC Admin 73
10 Sep 1996
Admn
Mr Justice Collins
Education
Gilliatt The parents of a child with cerebral palsy, and who needed to use a wheelchair, wished her to attend a particular mainstream school near to her home, and which most of her friends from primary school had attended. The local authority argued at the SENT that their preferred option was more suitable, as financial resources were being allocated to adapt that school to meet the needs of a number of disabled students, whereas the parents' preferred choice would involve additional expenditure of some £120,000. The SENT's decision (to uphold the parents' choice) was attacked on the grounds that the reasons were not clearly set out. The court held that the reasons were sufficiently clear, but even if they had not been the decision was a reasonable one which the SENT had been entitled to reach on the evidence before it.
[ Bailii ]
 
Regina v London Borough of Harrow ex parte M (By Her Mother and Next Friend) [1996] EWHC Admin 91
8 Oct 1996
Admn
Turner J
Education
Application for judicial review of the respondent local education authority's alleged failure to comply with the statement of special educational needs made in respect of the infant applicant.
[ Bailii ]
 
Phillips v Derbyshire County Council [1996] EWHC Admin 97
9 Oct 1996
Admn
Sedley LJ
Education

[ Bailii ]
 
Regina v Brent and Harrow Health Authority Ex Parte London Borough Of Harrow Times, 15 October 1996
15 Oct 1996
QBD

Education, Local Government
A Health Authority may ration the resources it had allocated to special education support.
Education Act 1993 166

 
Regina v Harrow London Borough Council Ex Parte M Times, 15 October 1996
15 Oct 1996
QBD

Education, Local Government
The duty to provide education is a personal right of the child which is not delegable by the Local Authority.
Education Act 1993 168

 
In Re B (A Minor)(Special Needs) Times, 17 October 1996
17 Oct 1996
CA

Education
Local Authority can cease to maintain a statement of special education needs once child gets to 16.

 
Regina v Further Education Funding Council, ex parte Robert Parkinson; Regina v Bradford Metropolitan District Council, ex parte Robert Parkinson Times, 31 October 1996; [1996] EWHC Admin 130
18 Oct 1996
Admn

Education, Local Government
Further education under special needs provisions for an adult are to be tailored to his particular needs.
Higher Education Act 1992
[ Bailii ]

 
 Regina v Buckinghamshire County Council ex parte Milton Keynes Borough Council; Admn 28-Oct-1996 - [1996] EWHC Admin 158
 
Regina v Secretary of State for Education ex parte M [1996] EWHC Admin 163
28 Oct 1996
Admn
Hidden J
Education
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.
Education Act 1981 8(6)
[ Bailii ]
 
Baldwin v Isle of Wight Council [1996] EWHC Admin 168
30 Oct 1996
Admn

Education

Education Act 1993
[ Bailii ]
 
Kirsty Jane Russell v Royal Borough of Kingston Upon Thames v Stewart Hunter (Chairman of Special Educational Needs Tribunal (26th June 1996) [1996] EWHC Admin 200
6 Nov 1996
Admn
Mr Justice McCullough
Education
Gilliatt Parents appealed against the decision of the SENT which approved the placement recommendation in a statement of special educational needs to the effect that the child should be educated in a Pupil Referral Unit (with a gradual introduction into mainstream schooling) rather than a specialist boarding school which was the parents' preferred choice. It was recommended that the child's schooling should involve no disapplication of the National Curriculum. The PRU could not provide access to the National Curriculum. The child was not yet ready for an ordinary mainstream school. The court quashed the decision of the SENT, and sent the case back down for rehearing.
[ Bailii ]
 
Regina v Buckinghamshire County Council Ex Parte Milton Keynes Borough Council Times, 13 November 1996
13 Nov 1996
QBD

Education
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.
Education Act 1980 12

 
Cooke v Birmingham City Council Birmingham College of Food Tourism and Creative Studies [1996] EWCA Civ 966
14 Nov 1996
CA

Education, Employment, Local Government

Further and Higher Education Act 1992
[ Bailii ]
 
Regina v Essex County Council ex parte Jacobs [1996] EWHC Admin 233
15 Nov 1996
Admn

Education

[ Bailii ]
 
Regina v London Borough of Hillingdon ex parte Governing Body of Queensmead School Times, 09 January 1997; [1996] EWHC Admin 342
10 Dec 1996
Admn

Education
Local Authority had a duty to meet additional costs of providing for pupil's special needs.
Education Act 1993 168(5)(a)(i)
[ Bailii ]
 
Regina v Secretary of State for Education ex parte Warwickshire County Council [1996] EWHC Admin 351
11 Dec 1996
Admn

Education
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.
Education Act 1993 31(2)
[ Bailii ]
 
Duncan v Bedfordshire County Council and Special Educational Needs Tribunal [1996] EWHC Admin 358
13 Dec 1996
Admn

Education

[ Bailii ]
 
Anthony Bernard Frederick Smith v East Sussex County Council [1996] EWHC Admin 359
13 Dec 1996
Admn

Education, Employment

[ Bailii ]
 
Regina v Special Education Needs Tribunal ex parte James Dawson [1996] EWHC Admin 363
13 Dec 1996
Admn

Education

[ Bailii ]
 
Regina v Special Educational Needs Tribunal ex parte Karen Lane [1996] EWHC Admin 366
13 Dec 1996
Admn
Mr Justice Popplewell
Education
Gilliatt A parent of a child with cerebral palsy challenged the decision of the LEA to nominate a particular school for the child, whereas the parent preferred an alternative placement. Her argument was the school recommended by the LEA was unable to provide speech and language therapy, physiotherapy and occupational therapy. It had been plain from the outset that this was her argument. However, the President of the SENT indicated by letter that he would not allow this argument to be run unless the notice of appeal was amended and ultimately refused to allow the notice to be amended. The court held that no amendment was required and the LEA had been quite able to work out what the parent's argument was. The President's decision was thereby quashed. The court also expressed a view in passing that it seemed clear from the evidence that the parents concerns about the lack of appropriate provision for the child at the LEA's preferred school were justified.
[ Bailii ]
 
Derman v Queen's University of Belfast Times, 16 December 1996
16 Dec 1996
CANI

Education, Northern Ireland
The 1988 rules did not affect the procedures for dismissal of a probationary lecturer.

 
Knight v Dorset County Council [1996] EWHC Admin 392; Trans. Ref: CO 1110-96
20 Dec 1996
Admn

Education, Negligence

1 Cites

1 Citers

[ Bailii ]
 
Regina v Beatrix Potter School ex parte Kanner [1996] EWHC Admin 397
20 Dec 1996
Admn

Education, Administrative
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 had applied for places than were available, and many more had succeeded at appeal. The school needed urgently to reduce the numbers, and claimed the offer had been made without authority. Then arrangements were made to increase capacity, and two children who had been offered places withdrew. The appeal was on the ground of the school's failure to take account of parental choice, and on the legitimate expectation created. Held: It was impossible to describe the withdrawal of the offer as Wednesbury unreasonable, and the appeal failed.
Education Act 1980 6 - Education Reform Act 1988 26
1 Cites

[ Bailii ]
 
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