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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: 1997 To: 1997

This page lists 47 cases, and was prepared on 27 May 2018.

 
Regina v Secretary of State for Education and Employment ex parte Governing Body of West Horndon County Primary School and National Association of Head Teachers [1997] EWHC Admin 45
21 Jan 1997
Admn

Education

[ Bailii ]
 
Queen v Governing Body of Rectory School and London Borough of Richmond Upon Thames ex Parte: WK [1997] EWHC Admin 107
5 Feb 1997
Admn

Education

[ Bailii ]
 
Regina v Wiltshire County Council ex parte Razazan [1997] EWCA Civ 1087
25 Feb 1997
CA

Education, Local Government

[ Bailii ]
 
Spendiff v North Tyneside Council [1997] EWHC Admin 276
14 Mar 1997
Admn

Education

[ Bailii ]
 
Governors of Whalley Range High School v Coombs [1997] EWCA Civ 1346
26 Mar 1997
CA

Education

[ Bailii ]
 
Regina v Essex County Council ex parte Bullimore [1997] EWCA Civ 1359
26 Mar 1997
CA
Lord Bingham of Cornhill, Peter Gibson, Phillips LJJ
Education

Education Act 1944 55(1)
[ Bailii ]
 
Regina v East Sussex County Council ex parte Beth Tandy [1997] EWHC Admin 401
23 Apr 1997
Admn

Education, Local Government

1 Cites

1 Citers

[ Bailii ]
 
Patricia Ann Knight v Dorset County Council [1997] EWCA Civ 1496
23 Apr 1997
CA

Negligence, Education

1 Cites

1 Citers

[ Bailii ]
 
Regina v East Sussex County Council Ex Parte T Times, 29 April 1997; [1997] ELR 311
29 Apr 1997
QBD

Education
Financial constraints on a local authority may be is relevant as between a choice of provisions but not as to whether to make provision at all. The court is not the arbiter of what constitute suitable arrangements and the decision as to suitability of the arrangements made by the parents is for the authority alone, subject to review on established principles of administrative law.
Education Act 1993 298
1 Citers


 
Regina v Governing Body of Shaftesbury School and London Borough of Harrow and London Borough of Brent ex parte Kunaal Shah [1997] EWHC Admin 425
30 Apr 1997
Admn

Education

[ Bailii ]
 
Crane and Crane v Lancashire County Council Times, 16 May 1997; Gazette, 04 June 1997; [1997] EWHC Admin 458
12 May 1997
Admn

Education
Whether a school is appropriate for the special needs of a child is a matter of fact not of fairness; There is no balancing act to allow for the parents' wishes.
Education Act 1993 160(2)

 
Regina v Solihull Borough Council ex parte W [1997] EWHC Admin 485
19 May 1997
Admn

Education
Challenge to school exclusion.
[ Bailii ]
 
Wilkin v Ms Goldthorpe (Chair of Special Educational Needs Tribunal) v Coventry City Council [1997] EWHC Admin 610
1 Jul 1997
Admn

Education

[ Bailii ]
 
Robert Duhaney White v London Borough of Ealing and Special Educational Needs Tribunal [1997] EWHC Admin 651
8 Jul 1997
Admn
Mr Justice Dyson
Education
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 £50,000 a year. The court held that there was no duty on the LEA or the SENT under the Education Act 1996 to name a particular school in a statement, though there was a power to do so. The SENT was in fact prohibited by 3 324 of the EA 1996 from naming a school unless a parent expressed a preference for it or it had been proposed by the parent or authority or both. The third appeal involved the issue of funding a place at Higashi when the parents had already sent their child there having raised private finance to cover two terms' attendance. They were not likely to be able to afford to pay in future. The court held that the SENT had no power to order the LEA to pay the fees for the child to remain at the school in future. The LEA's argument was that under s 324 of the Education Act 1996 it was not obliged to arrange for a child's special educational needs to be met if a parent had already made suitable arrangements. The court held that arrangements could not be suitable if funding was not secure and the LEA was therefore in breach of its duty to arrange education provision and of its duty to pay for that provision in accordance with s 517(4) & (5) If the EA 1996. Leave to appeal was granted in all three cases.
1 Cites

1 Citers

[ Bailii ]

 
 Regina v East Sussex County Council ex parte Beth Tandy; CA 31-Jul-1997 - Times, 02 October 1997; [1997] EWCA Civ 2278
 
White and Another v Ealing London Borough Council and Another etc Times, 01 August 1997
1 Aug 1997
CA

Education
There is no duty to name a school in a special needs statement, but the education authority must pay for the school where one is named.
1 Cites

1 Citers


 
Regina v Governing Body of Shaftsbury School; London Borough of Harrow and London Borough of Brent ex parte Kunall Shah [1997] EWHC Admin 776
14 Aug 1997
Admn

Education

[ Bailii ]
 
Regina v London Borough of Havering ex parte 'K' Times, 18 November 1997; [1997] EWHC Admin 780; [1998] ELR 402
20 Aug 1997
Admn
Sedley J
Education
A statement of special education needs stated in Part IV that the child's mother was to be responsible for providing transport at her own expense. She subsequently became unable to maintain the transport provision due to her personal circumstances and she unsuccessfully sought local authority assistance. Held: A Council deciding on the need for school transport cannot say that other schools are a available after a statement providing that a particular school was appropriate. Non-educational provision under this sub-section includes the provision of transport to school.
Education Act 1996 444(7)
1 Citers

[ Bailii ]
 
Regina v University of Cambridge ex parte Gillian Rosemary Evans [1997] EWHC Admin 787
22 Aug 1997
Admn

Education

[ Bailii ]
 
Regina v Governing Board of Shaftesbury School; London Borough of Harrow and London Borough of Brent ex parte Kunaal Shah (By her Mother and Next Friend Viya Shah) [1997] EWCA Civ 2319
29 Aug 1997
CA

Education

[ Bailii ]
 
Helen Lucy Littlechild v Angela Clarke (Chair of Special Educational Needs Tribunal) v Somerset County Council [1997] EWHC Admin 792
29 Aug 1997
Admn
Mr Justice Laws
Education
Gilliatt The parents appealed against the SENT's decision not to treat a statement which did not specify the number of hours a particular type of support should be given as unlawful and to uphold the LEA's recommendation as to placement. The parents had withdrawn their child from a state school and transferred him to a fee paying school suitable for children with severe dyslexia. The court followed the decision of Schiemann J in R v Cumbria County Council ex parte P [1995] ELR 337 and ruled that there was no requirement to quantify a certain number of hours of support. The court allowed the appeal in relation to the placement issue. The SENT's reasons referred to an 'absence of evidence' to show that the state school could not have met the child's educational needs. There had been such evidence before the SENT. The court considered this to cast doubts on the quality of their decision and the case was remitted for rehearing.
[ Bailii ]
 
Hereford County Councl v L [1997] EWHC Admin 799
4 Sep 1997
Admn

Education

[ Bailii ]
 
Regina v Governing Body of Dame Alice Owen's School and Governors' Admissions Appeal Committee for Dame Alice Owen's School ex parte S [1997] EWHC Admin 802
8 Sep 1997
Admn

Education

[ Bailii ]
 
Regina v East Sussex County Council, Ex Parte T Gazette, 10 September 1997
10 Sep 1997
CA

Education
A Local Education Authority may properly take into account the financial resources available to it when setting norm of standards of service and then apply that norm.
Education Act 1993 298

 
Regina v Provost of University College London ex parte Dr Gerolemos Christofi (1) [1997] EWCA Civ 2342
12 Sep 1997
CA

Education

[ Bailii ]
 
Regina v Provost of University College London ex parte Dr Gerolemos Christofi (2) [1997] EWCA Civ 2343
12 Sep 1997
CA

Education

[ Bailii ]
 
Regina v Leeds Metropolitan University ex parte Manders [1997] EWHC Admin 852
9 Oct 1997
Admn

Education, Judicial Review
The claimant complained that his examinations had been wrongly marked, failing to allow for his chronic fatigue syndrome. He had recorded a tutorial in which he claimed he had been abused. The Deputy Vice Chancellor had said the tape was unclear and possible edited. Held: The evidence did not establish bias and the complaint for judicial review had been deleyed very considerably. Review was refused.
[ Bailii ]
 
Regina v Rotherham Metropolitan Borough Council ex parte Clark and others [1997] EWHC Admin 860
10 Oct 1997
Admn

Education

1 Cites

1 Citers

[ Bailii ]
 
C and Another v Lancashire County Council [1997] EWCA Civ 2513
17 Oct 1997
CA

Education

[ Bailii ]

 
 G v London Borough of Barnet Special Educational Needs Tribunal; Admn 22-Oct-1997 - [1997] EWHC Admin 912
 
Chinweze Chuma Madekwe v London Guildhall University [1997] EWHC Admin 927
27 Oct 1997
Admn

Education

[ Bailii ]
 
Regina v Governing Body of Dame Alice Owens School ex parte 'S' [1997] EWHC Admin 928
27 Oct 1997
Admn

Education

[ Bailii ]

 
 Ferrier-May v Special Educational Needs Tribunal and London Borough of Ealing; Admn 3-Nov-1997 - [1997] EWHC Admin 964
 
King v East Ayrshire Council Times, 03 November 1997; 1998 SC 182
3 Nov 1997
IHCS

Education, Scotland, Judicial Review
An application for the closure of a school need not be based upon an assessment of school's pupil capacity as at time of assessment. The court may exercise its discretion to refuse judicial review where that is appropriate, having regard to the public interest in public authorities and third parties not being kept in suspense as to the legal validity of a decision for any longer than is absolutely necessary in fairness to the person affected by it.
Education (Publication and Consultation (Scotland)) Regulations 1985 (1985 No 1558) am
1 Cites

1 Citers


 
Daniel Wilson v Governors of Sacred Heart Roman Catholic School Times, 28 November 1997; [1997] EWCA Civ 2644; [1998] PIQR P145
5 Nov 1997
CA
Hirst LJ, Mantell LJ
Education, Professional Negligence
A nine year old pupil was injured by a fellow pupil whirling an anorak around his head. The accident occurred when they were on their way from the school buildings to the school gates at the end of school day. There was no member of staff on duty to supervise the passage of pupils on their way home. The claim against the school succeeded before the trial judge. Held: The defendant’s appeal was allowed. A primary school was not negligent in not employing someone to supervise the playground after the close of school hours and until all the children had left. The teachers' evidence that no playground supervision was provided before school hours at any secondary schools where they had taught was the best evidence of the requirements of reasonableness. Mantell LJ: "the very short period in which pupils moved from the exit from the school building to the gate at the other end of the playground is quite different, even allowing for the fact that, as the headmaster accepted and Mr Turton emphasised, departing pupils are likely to be high spirited at that particular moment of the day. Moreover, and to my mind most importantly, there was no evidence that supervision at that juncture, as contrasted with the lunch break, is standard procedure, as it surely would be if it was an equally reasonable requirement. I therefore would also allow the appeal."
1 Citers

[ Bailii ]
 
Regina v South Tyneside Education Department and Governors of Hebburn Comprehensive School ex parte Peter Cram (As Guardian Ad Litem for 'G') [1997] EWHC Admin 990
7 Nov 1997
Admn

Education

[ Bailii ]
 
Regina v South Tyneside Education Department and Governors of Hebburn Comprehensive School ex parte Peter Cram (As Guardian Ad Litem for 'G') [1997] EWHC Admin 991
7 Nov 1997
Admn

Education

[ Bailii ]
 
Regina v Rotherham Metropolitan Borough Council ex parte Clark, Dakin and Others [1997] EWCA Civ 2768; (1998) ELR 152
19 Nov 1997
CA

Education

1 Cites

1 Citers


 
Regina v Rotheram Metropolitan Borough Council, Ex Parte Clark and Others Times, 20 November 1997; Times, 04 December 1997
20 Nov 1997
QBD

Education
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.
Education Act 1996 4(1)(1)

 
Regina v Cobham Hall School ex parte 'GS' [1997] EWHC Admin 1051
27 Nov 1997
Admn

Education

1 Cites

1 Citers

[ Bailii ]
 
Regina v Cobham Hall School ex parte GS [1997] EWHC Admin 1055
28 Nov 1997
Admn

Education

1 Cites

1 Citers

[ Bailii ]
 
Regina v London Borough of Barnet ex parte Gerrard [1997] EWHC Admin 1103
8 Dec 1997
Admn

Education
Challenge to authority's decision not to pay fees for private school to satisfy statement of special educational needs.
[ Bailii ]
 
Burridge v London Borough of Harrow Special Needs Tribunal [1997] EWHC Admin 1106
9 Dec 1997
Admn

Education

[ Bailii ]
 
Grzesik v Carmarthenshire County Council and Chair of Special Educational Need Tribunal [1997] EWHC Admin 1111
10 Dec 1997
Admn
Mr Justice Jowitt
Education
Gilliatt In remitting a case to the SENT the court commented that it would be of assistance if tribunals explained their reasoning in circumstances where they considered that an expert was recommending more provision than the tribunal thought reasonable.
[ Bailii ]
 
Regina v Roman Catholic Schools ex parte S [1997] EWHC Admin 1121
11 Dec 1997
Admn

Education

[ Bailii ]
 
Regina v Cardinal Newmans School Birmingham and Another Ex Parte S Times, 26 December 1997
26 Dec 1997
QBD

Natural Justice, Education
A school enquiring into affairs before deciding on an exclusion of a child must bear in mind the inherent difficulties in identification evidence.

 
F v Harrow London Borough Council and Another Times, 29 December 1997
29 Dec 1997
QBD

Education
Education authority assessing choice of school nominated by parents in special needs statement should balance own resources with wishes.

 
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