The Act obliged a local education authority to provide education for children too ill to attend school. The claimant suffered from ME, and received only five hours support, which the authority proposed to reduce in order to save money. The parents sought judicial review of the authority’s decision, saying they had taken an improper purpose into account, namely the need to save money.
Held: The duty to assist was not qualified under the Act, and the case of Barry was dissimilar. The decision to reduce support was set aside.
Judges:
Lord Browne-Wilkinson, Lord Slynn of Hadley, Lord Nolan, Lord Steyn, Lord Hutton
Citations:
[1998] UKHL 20
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Gloucestershire County Council and Another, Ex Parte Barry HL 21-Mar-1997
The House considered the need when assessing community care provision to include considerations of the cost and resources for care. The case concerned a question about the relevance of cost and arose in the context of a duty to make certain . .
Lists of cited by and citing cases may be incomplete.
Education, Local Government
Updated: 31 May 2022; Ref: scu.158952