When an appeal was lodged against the decision of the Special Educational Needs Tribunal, it was wrong for that Tribunal later to expand on its reasons, save in exceptional circumstances. Parental preference was not an overriding consideration, given the possible substantial costs of providing education in a special school. The tribunal must strike a balance, and see whether the refusal to find the additional costs was unreasonable. The costs should not be compared ‘at large’, and there is no protean law as to how such costs should be calculated.
Judges:
Lord Justice Aldous, Lord Justice Robert Walker, Lord Justice Sedley
Citations:
[2001] EWCA Civ 1358, (2002) ELR 8
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Secretary of State for the Environment, ex parte Powis CA 1981
Material not available to the decision maker should not normally be admitted on an application for a judicial review of that decision. The court described three categories of acceptable new evidence: (1) evidence to show what material was before the . .
Cited – Webb v Anglian Water Authority EAT 1981
If reference needs to be made to the evidence for the purposes of a statutory appeal, the ordinary resort is to as much of the documentation and notes of evidence as will help to determine what material basis there was for the impugned part of the . .
Cited – South Glamorgan County Council v L and M 1996
. .
Cited – Regina v Westminster City Council Ex Parte Ermakov CA 14-Nov-1995
The applicant, having moved here from Greece, applied for emergency housing. The Council received no reply to its requests for corroboration sent to Greece. Housing was refused, but the officer later suggested that the real reason was that the . .
Cited – Regina v Croydon London Borough Council, ex parte Graham CA 1993
The very existence of material gaps in the reasons accompanying a decision may have rendered that decision unlawful. . .
Lists of cited by and citing cases may be incomplete.
Education, Administrative
Updated: 21 June 2022; Ref: scu.162839