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swarb.co.uk - law indexThese 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. Â |
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Education - From: 1999 To: 1999This page lists 41 cases, and was prepared on 27 May 2018.   Regina v Education Committee of Blackpool Borough Council ex parte Taylor; 1999 - [1999] ELR 237  Regina v Incorporated Froebel Educational Institute (a Company Limited By Guarantee) ex parte 'L' [1999] EWHC Admin 28 14 Jan 1999 Admn Education [ Bailii ]  Regina v Ipswich County Court and Governors of Otley College, ex parte Kay Etienne Badibanga [1999] EWHC Admin 51 22 Jan 1999 Admn Judicial Review, Education [ Bailii ]   Regina v Leeds City Council ex parte 'N' (By Her Mother and Next Friend 'N') and others; Admn 10-Feb-1999 - [1999] EWHC Admin 124  Regina v Secretary of State for Education and Employment ex parte Parkes, Neubert and Begbie [1999] EWHC Admin 158 19 Feb 1999 Admn Moses J Administrative, Education The claimants sought leave to bring a judicial review to oblige the respondent to continue financial support for their schooling, saying the respondent had written to make this promise. Held: The applicants had an arguable case, and the review should continue. Education (Schools) Act 1997 22(b) 1 Citers [ Bailii ]  Iqbal Sandhu v University of Central England [1999] EWCA Civ 930 9 Mar 1999 CA Education [ Bailii ]  C, and C v Buckinghamshire County Council, Special Educational Needs Tribunal [1999[ EWCA Civ 926 9 Mar 1999 CA Education [ Bailii ]  Regina v Manchester City Council ex parte 'D S' (By His Mother and Next Friend 'S') [1999] EWHC Admin 220 11 Mar 1999 Admn Education, Local Government [ Bailii ]  O'Connor v Chief Adjudication Officer and Another Times, 11 March 1999; Gazette, 24 March 1999; [1999] ELR 209 11 Mar 1999 CA Benefits, Education, Human Rights Regulations providing that a student stayed such until he concluded, or was dismissed from a course, were deeming provisions, and a student taking a year out after failing his exams, remained a student and was unable to claim benefits by way of income support. Article 2 did not require the state to subsidise a student in excercising his right to take up the education it offered. Income Support (General) Regulations 1987 (1987 No 1967) 1 Citers  Regina v Cranfield University Senate ex parte Bashir [1999] EWCA Civ 995 16 Mar 1999 CA Education [ Bailii ]   Catchpole v Buckinghamshire County Council and Another; CA 18-Mar-1999 - Times, 18 March 1999  R and Sheffield City Council ex parte Phillipa Hague; Jennifer Bell and Meron Tesfayohannes [1999] EWHC Admin 244 19 Mar 1999 Admn Education Appeal against decision on policy for secondary school admission. [ Bailii ]  Regina v Leeds City Council ex parte N [1999] EWCA Civ 1207 19 Apr 1999 CA Education [ Bailii ]  Regina v City of Bath College Corporation ex parte Hedley Bashforth [1999] EWHC Admin 442 17 May 1999 Admn Education, Company [ Bailii ]  H v Northhamptonshire County Council and Special Education Needs Tribunal [1999] EWHC Admin 471 21 May 1999 Admn Education [ Bailii ]  Regina v Governors of Dunraven School, Ex Parte B (A Child) [1999] EWHC Admin 485 24 May 1999 Admn Education Application for leave to bring judicial review. 1 Cites 1 Citers [ Bailii ]  Bromley London Borough Council v Special Educational Needs Tribunal and Others Times, 14 June 1999; [1999] EWCA Civ 1490; [1999] ELR 260 26 May 1999 CA Sedley LJ Education The needs of a child, as to educational and non-educational overlapped, and accordingly, it was within the discretion of the Special Needs Tribunal to include among the educational needs of a child others within that overlap. Physiological, occupational, and speech therapy, were all properly included within the educational needs assessment. The court explained the nature of the Tribunal's functions: "the first independent arbiter of this question [viz. a question as to the special educational provision to be specified in Part 3 of the statement] is the tribunal. Unlike the High Court, it is a specialist tribunal with a lawyer chairman and lay members chosen for their knowledge and experience. In my view this restructuring has jurisprudential implications. Where previously the parent's only resort from the local education authority was to the court, which had therefore to do its best to construe the statutory language in so far as construction was an appropriate exercise, there is now interposed a specialist tribunal whose remit is not necessarily the same. In particular, where a court has to limit itself to the interpretation of terms of legal art and the setting of outer limits to the meaning of ordinary words in their statutory context, the tribunal is empowered to take a much closer look at the LEA's statement. Indeed, for many purposes it stands in the LEA's shoes, re-evaluating the available information in order if necessary to recast the statement. But in carrying out this function it also has a supervisory role – to interpret and apply the relevant law. Where that law is expressed in words which, while not terms of legal art, have a purpose dictated by – and therefore a meaning coloured by – their context, it is clearly Parliament's intention that particular respect should be paid to the tribunal's conclusions." Education Act 1996 Part IV 1 Citers [ Bailii ]  C v Lambeth London Borough Council and Another Times, 27 May 1999 27 May 1999 QBD Education In deciding whether to make a special needs assessment, a local education authority can allow for the fact that parents have made available to their child privately special assistance, which, if continued, might allow the child to lead a normal school life. Education Act 1996 323  Regina v Rotherham Metropolitan Borough Council ex parte Laura Tomlinson, Victoria Clarke, and M K [1999] EWHC Admin 561 17 Jun 1999 Admn Education 1 Cites 1 Citers [ Bailii ]  Regina v Newcastle Upon Tyne City Council and North Tyneside Borough Council ex parte H (By His Mother and Litigation Friend) [1999] EWHC Admin 663 9 Jul 1999 Admn Education [ Bailii ]  Wells-Richardson v Solihull Metropolitan Borough Council and Wall [1999] EWHC Admin 665 9 Jul 1999 Admn Education [ Bailii ]  Regina v Department for Education and Employment ex parte Begbie [1999] EWHC Admin 669 12 Jul 1999 Admn Maurice Kay J Education The claimant had been given an assisted place. The support was withdrawn and she sought to hold the respondent to his promise to continue support after the scheme had ended for those already receiving help. Education (Schools) Act 1997 1 Cites 1 Citers [ Bailii ]  Clifton Middle School and Others v Askew [2000] BLGR 97; [1999] IRLR 708; [1999] EWCA Civ 1892; [2000] ICR 286; (2000) 2 LGLR 313; [1999] Ed CR 800; [1999] ELR 425 20 Jul 1999 CA Peter Gibson, Ward, Chadwick LJJ Education, Employment [ Bailii ]  Metropolitan International Schools Ltd Application v Chancellor, Masters and Scholars of University of Cambridge [1999] EWCA Civ 1945 23 Jul 1999 CA Education [ Bailii ]  Regina v Sheffield City Council ex parte H and T [1999] EWCA Civ 1950 23 Jul 1999 CA Education Appeal against decision that the Council's secondary schools admission procedure was unlawful, but refusing order for rehearing of admissions panels. [ Bailii ]   Kent County Council v Ashford Borough Council and others; CA 28-Jul-1999 - Gazette, 08 September 1999; Times, 02 September 1999; [1999] EWCA Civ 1999  David Gower v London Borough of Bromley [1999] EWCA Civ 2012 29 Jul 1999 CA Auld LJ, Aldous LJ, Gage J Professional Negligence, Education [ Bailii ]  Regina v Worcestershire County Council (ex parte F (L)) [1999] EWHC Admin 789 6 Aug 1999 Admn Education, Costs Education Act 1996 [ Bailii ]   Regina v Department of Education and Employment ex parte Begbie; CA 20-Aug-1999 - Times, 14 September 1999; Gazette, 15 September 1999; [1999] EWCA Civ 2100; [2000] 1 WLR 1115; [2000] Ed CR 140; [2000] ELR 445  Regina v Sheffield City Council, Ex Parte Hague and Another Times, 20 August 1999 20 Aug 1999 CA Education, Local Government When a local authority hears an appeal against the refusal to offer a place for a child at a secondary school, the committee may hear submissions as to the possible illegality of the admissions policy of the school. It need not assume that a policy was lawful until and unless set aside. The committee is to apply independent scrutiny to the issues.  Manchester City Council v Special Educational Needs Tribunal and ' P ' [1999] EWHC Admin 813 25 Aug 1999 Admn Education [ Bailii ]  Skilbeck v Williamson (Chair of Tribunal) and Oxfordshire County Council [1999] EWHC Admin 815 26 Aug 1999 Admn Education [ Bailii ]  Regina v Taff and County Borough Council ex parte Lynwen Evans [1999] EWHC Admin 820 31 Aug 1999 Admn Education, Local Government School Standards and Framework Act 1998 [ Bailii ]  Regina v Governors of Dunraven School, Ex Parte B (A Child) Times, 10 November 1999 24 Sep 1999 QBD Nigel Pleming QC Natural Justice, Education The school investigated allegations of theft and expelled the child. The independent appela panel rejected the appeal. The child's parents sought a judicial review because of the way the investigation had been handled. Held: A school enquiring into allegations of dishonesty by a pupil and which lead to the child's expulsion, had a duty to conduct such an enquiry with a high standard of fairness. The child should have been interviewed alone. Nevertheless, it was inappropriate to judge such actions by reference to the principles or rules which would apply to a police investigation under PACE. The allegations had been investigated and the conclusions drawn could be justified on the facts ascertained. 1 Cites 1 Citers  North of England Zoological Society v Commissioners of Customs and Excise Times, 02 November 1999; Gazette, 20 October 1999 20 Oct 1999 QBD VAT, Education, VAT For VAT purposes, as opposed to other forms of taxation, educational purposes meant education within a more formal class or lesson type structure. A zoo, open to the public but employing education officers to assist with education of visitors was not exempt from charging VAT upon its entrance fees. The education offered did not come within this definition. Value Added Tax Act 1994 31 Sch 9, Group 6, 1(a)  Gower v Bromley London Borough Council Times, 28 October 1999 28 Oct 1999 CA Education The staff of a special school could have duties of care to their pupils such as could make them and their employers liable in negligence for a failure to educate pupils according to their needs. It was wrong to strike out such a claim. Previous cases which suggested that no such duty might exist should be confined to their facts.   Jarvis v Hampshire County Council; CA 23-Nov-1999 - Times, 23 November 1999; Gazette, 17 December 1999  Mrs T Vu v London Borough of Lewisham and Special Education Needs Tribunal [1999] EWHC Admin 827 2 Dec 1999 Admn Education [ Bailii ]   Regina v Rotherham Metropolitan Borough Council, Ex Parte L T; CA 3-Dec-1999 - Times, 03 December 1999  Metropolitan Borough of Wirral, Regina (on the Application of), Regina v [1999] EWHC 831 (Admin) 20 Dec 1999 Admn Latham J Education [ Bailii ]   Regina v Governors of Dunraven School Ex Parte B; CA 21-Dec-1999 - Gazette, 27 January 2000; Times, 03 February 2000; [2000] ELR 156  |
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