The child sought review of the respondent’s decision not to provide education other than at one school. He had been suspended, but his father refused to allow him to return complaining of the effects of bullying.
Held: The condition of being bullied, including its effects could not be equated with ‘illness’ as a valid reason under the section. The words ‘or otherwise’ had to be construed widely. There was sufficient ambiguity to justify reference to parliamentary materials, but having made that reference there was no sufficiently clear explanation. Whether it was unreasonable to ask him to return to the school was to be assessed objectively. The father may have acted reasonably in seeking a different school, but the authority’s offer was also reasonable.
Judges:
Lord Justice Dyson, Lady Justice Arden, Lord Phillips Mr
Citations:
Times 05-Feb-2004, [2004] EWCA Civ 45, [2004] 4 All ER 572, [2004] 1 WLR 1113
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Pepper (Inspector of Taxes) v Hart HL 26-Nov-1992
Reference to Parliamentary Papers behind Statute
The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the . .
Cited – McDonnell v Congregation of Christian Brothers Trustees (Formerly Irish Christian Brothers) and others HL 4-Dec-2003
In 2000, the claimant sought damages for sexual abuse from before 1951. The issue was as to whether the limitation law which applied was that as at the date of the incidents, or that which applied as at the date when he would be deemed uner the . .
Lists of cited by and citing cases may be incomplete.
Education
Updated: 09 June 2022; Ref: scu.192282
