A Local Authority may not take its own financial constraints into account when assessing what was an appropriate education for a child in special needs case. It was wrong to try to turn a statutory duty into a power or a discretion. Ordinarily cost, where relevant, will be a matter to be taken into account by a local authority when considering its response to an assessed need rather than at the stage of assessment. It is desirable to keep these two stages separate. Neither the cost of providing accommodation nor the availability of resources have any bearing on what is or is not reasonably practicable as to permit this would downgrade the duty into a discretionary power.
Judges:
Lord Browne-Wilkinson
Citations:
Times 21-May-1998, Gazette 01-Jul-1998, Gazette 17-Jun-1998, [1998] AC 714
Statutes:
Citing:
Appeal from – Regina v East Sussex County Council ex parte Tandy CA 31-Jul-1997
A local education authority may properly take into account the financial resources available to it when setting the norm of standards of service and then apply that norm. . .
Cited by:
Cited – Regina v London Borough of Barnet ex parte G; Regina v London Borough of Lambeth ex parte W; Regina v London Borough of Lambeth ex parte A HL 23-Oct-2003
The applicants sought to oblige the local authority, in compliance with its duties under the 1989 Act, to provide a home for children, and where necessary an accompanying adult.
Held: There were four hurdles for the applicants to cross. They . .
Lists of cited by and citing cases may be incomplete.
Education, Local Government
Updated: 09 April 2022; Ref: scu.86613
