McDougal, Regina (On the Application of) v Liverpool City Council: Admn 22 Jul 2009

Right Questions asked on School Closure

The claimant sought to challenge the respondent’s decision to close a local school. The choice had been made on academic results and the number of vacancies.
Held: The application failed. The Council had complied with its obligation in administrative law to ‘ask [it]self the right question and take reasonable steps to acquaint [it]self with the relevant information to enable him to answer it correctly.’ The council had duties to other schools equally and it had listened to the claimant’s representations though it had disagreed with them.

Silber J
[2009] EWHC 1821 (Admin), [2009] ELR 510
England and Wales
CitedSecretary of State for Education and Science v Tameside Metropolitan Borough Council HL 21-Oct-1976
An authority investigating an application for registration of rights of common over land has an implied duty to ‘take reasonable steps to acquaint (itself) with the relevant information.’ A mere factual mistake has become a ground of judicial . .
CitedBradley v The Jockey Club QBD 1-Oct-2004
The claimant said that penalties imposed on him by the defendants were disproportionate to the offences claimed. Richards J described the duty of the court testing a decision: ‘The function of the court is not to take the primary decision but to . .
CitedRelating to certain aspects of the laws on the use of languages in education in Belgium (Belgian Linguistics) No 2 ECHR 9-Feb-1967
The applicants, parents of more than 800 Francophone children, living in certain (mostly Dutch-speaking) parts of Belgium, complained that their children were denied access to an education in French.
Held: In establishing a system or regime to . .
CitedE v Secretary of State for the Home Department etc CA 2-Feb-2004
The court was asked as to the extent of the power of the IAT and Court of Appeal to reconsider a decision which it later appeared was based upon an error of fact, and the extent to which new evidence to demonstrate such an error could be admitted. . .

Lists of cited by and citing cases may be incomplete.

Education, Human Rights

Updated: 01 November 2021; Ref: scu.352266