Jones, Regina (on The Application of) v Denbighshire County Council: Admn 12 Aug 2016

Challenge to decision to close two primary schools.

Citations:

[2016] EWHC 2074 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also (in Welsh)Jones, Regina (Y Frenhines Ar Gais) v Cyngor Sir Ddinbych Admn 12-Aug-2016
(Judgment in Welsh) Application to challenge order for closusure of two primary schools. . .
Lists of cited by and citing cases may be incomplete.

Wales, Education

Updated: 22 May 2022; Ref: scu.568837

Regina v Dyfed County Council Ex Parte S (Minors): CA 25 Jul 1994

No objection was to be taken for English children sent to mainly Welsh speaking school. They were not entitled to transport to a school with a greater number of English speakers.

Citations:

Independent 12-Aug-1994, Times 25-Jul-1994

Jurisdiction:

England and Wales

Citing:

Appeal fromRegina v Dyfed County Council Ex Parte S (Minors) QBD 21-Dec-1993
No Judicial Review was available for English speaking children who had allocated to a Welsh speaking school. . .

Cited by:

CitedJones, Regina (on the Application of) v Ceredigion County Council Admn 22-Jun-2004
The parents lawfully chose to send their child to a Welsh language school. The authority refused to provide free transport on the basis that a nearer school was available even though it was not a Welsh language school.
Held: Provided the . .
Lists of cited by and citing cases may be incomplete.

Education, Discrimination

Updated: 20 May 2022; Ref: scu.86597

Regina v Islington London Borough Council, ex parte G A (a Child): Admn 20 Oct 2000

The child was severely disabled and was to be schooled as a weekday boarder 75 miles from home. He sought assistance with the travelling expenses when his condition worsened and the arrangements became more burdensome.
Held: It was not open to a local authority to refuse to contribute to a child’s travelling expenses to a school named in his statement, on the basis that he might attend another school nearby which was not named as appropriate in his statement of special educational needs, or to make attendance conditional upon an agreement regarding payment by the parents of travelling expenses. The council’s decision was Wednesbury unreasonable since they had failed to consider the changes in the child’s transport needs since the statement was made, and the parents’ financial circumstances. Any bar to a judicial review operated against the parents not the child. ‘the matter must go back to the authority which must reconsider its decision giving proper consideration to all the changes of circumstances and not taking into account of its belief that G.A.’s needs could be met at a local school not named in the statement.’

Judges:

Jack Heatson QC

Citations:

Times 20-Oct-2000, [2000] EWHC Admin 390

Links:

Bailii

Statutes:

Education Act 1996 324(5)(a)(ii), 19 509

Citing:

CitedRegina v London Borough of Havering ex parte ‘K’ Admn 20-Aug-1997
A statement of special education needs stated in Part IV that the child’s mother was to be responsible for providing transport at her own expense. She subsequently became unable to maintain the transport provision due to her personal circumstances . .
CitedSurrey County Council v Ministry of Education 1953
The council had a scheme whereby for those who lived more than the walking distance from a school, only transport from their homes to the walking distance would be free. The scheme failed because transport has to be to and from school. A local . .
CitedRegina v Devon County Council, ex parte George HL 1989
A child lived 2.8 miles from school. The journey was rural and unlit. Whe he was 8, the education authority withdrew free transport saying it was practicable for a parent to walk with him.
Held: The decision whether to offer support was that . .
CitedRegina v East Sussex County Council Ex Parte T QBD 29-Apr-1997
Financial constraints on a local authority may be is relevant as between a choice of provisions but not as to whether to make provision at all. The court is not the arbiter of what constitute suitable arrangements and the decision as to suitability . .
CitedRobert Duhaney White v London Borough of Ealing and Special Educational Needs Tribunal Admn 8-Jul-1997
Gilliatt The court heard three separate appeals from decisions of SENTs where parents wished their autistic children to attend the Boston Higashi School, USA which involved a residential placement. Fees to attend . .
CitedJenkins v Howells KBD 1949
A pupil had been continuously away from school because her mother was a chronic invalid and it was necessary for the girl to assist with housework. When the mother was prosecuted pursuant to the Act, she contended that her daughter’s absence was the . .
CitedRe C (a minor) CA 1994
The question was whether a school which was not that of parental choice could be regarded as suitable or, to put it the other way round, whether free transport had to be provided where a parent had chosen a school which was not the nearest to the . .
Lists of cited by and citing cases may be incomplete.

Education, Judicial Review

Updated: 19 May 2022; Ref: scu.88513

C v Lambeth London Borough Council and Another: QBD 27 May 1999

In deciding whether to make a special needs assessment, a local education authority can allow for the fact that parents have made available to their child privately special assistance, which, if continued, might allow the child to lead a normal school life.

Citations:

Times 27-May-1999

Statutes:

Education Act 1996 323

Education

Updated: 19 May 2022; Ref: scu.78808

Bradford-Smart v West Sussex County Council: QBD 5 Dec 2000

A school had a duty to protect its pupils from bullying, but that duty stopped at the school gate. Even though the school might know of the bullying, it would not be practical, nor just, nor fair, nor reasonable, to extend its duty in such a way. The school should take effective defensive measure, as regards what happened within the school. It could choose to take pro-active measures beyond that, but it should not be obliged to do so.

Citations:

Gazette 15-Dec-2000, Times 05-Dec-2000

Negligence, Education

Updated: 18 May 2022; Ref: scu.78544

B v Harrow London Borough Council and Another: HL 8 Jan 1992

The claimant asked the education authority to provide education for a child with special needs. The parent expressed a preference for a school outside the authority’s area. The question at issue was, when deciding whether such a placement would be an effective use of the resources, the effect of the placement on both authorities was to be considered. It was held that the Act allowed only the circumstances of the placing authority to be taken into account.

Citations:

Gazette 08-Jan-1992

Statutes:

Education Act 1996

Local Government, Education

Updated: 18 May 2022; Ref: scu.78059

Re M’s application: CANI 2004

The court spoke of the practical need for a power for a school to suspend as a precautionary measure: ‘We consider that it is entirely proper for a principal to suspend a pupil who may face the prospect of expulsion if the allegations made against him are substantiated for the purpose of having the case against the pupil explored. One need only instance a simple example to demonstrate the inevitability of that conclusion. If a pupil was alleged to have assaulted a teacher, it would be inconceivable that the principal should not be able to suspend the pupil pending a full investigation of the incident or a final decision as to what the ultimate punishment should be.’

Judges:

Kerr LCJ, Nicholson and Campbell LJJ

Citations:

[2004] NICA 32

Jurisdiction:

Northern Ireland

Cited by:

CitedJR17 for Judicial Review (Northern Ireland) SC 23-Jun-2010
The appellant was excluded from school. A female pupil related her fear of him to a teacher, but would not make a formal complaint, and the appellant was not to be told of the report or the investigation of it. There was said to have been confusion . .
Lists of cited by and citing cases may be incomplete.

Northern Ireland, Education

Updated: 15 May 2022; Ref: scu.417818

X v United Kingdom: ECHR 1978

(Commission) In the context of the second sentence of Article 2, ‘there is no positive obligation on the State in relation to the second sentence . . to subsidise any particular form of education in order to respect the religions and philosophical beliefs of parents. It is sufficient for the State, in order to comply with its obligations under Article 2, to evidence respect for the religions and philosophical beliefs of parents within the existing and developing system of education.’

Citations:

7782/77

Statutes:

European Convention on Human Rights 2

Jurisdiction:

Human Rights

Cited by:

CitedRegina v Department of Education and Employment ex parte Begbie CA 20-Aug-1999
A statement made by a politician as to his intentions on a particular matter if elected could not create a legitimate expectation as regards the delivery of the promise after elected, even where the promise would directly affect individuals, and the . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Education

Updated: 12 May 2022; Ref: scu.187442

Regina v Rotherham Metropolitan Borough Council, Ex Parte L T: CA 3 Dec 1999

A school admissions policy which gave preference to children within its defined local area was not unlawful or discriminatory, even though the edge of the area extended along the limit of the authority’s responsibility. Such a policy reflected the proper need to give priority to children locally, and was not to be overturned.

Citations:

Times 03-Dec-1999

Statutes:

Schools Standards and Framework Act 1998 86

Jurisdiction:

England and Wales

Citing:

Appeal fromRegina v Rotherham Metropolitan Borough Council ex parte Laura Tomlinson, Victoria Clarke, and M K Admn 17-Jun-1999
. .
Lists of cited by and citing cases may be incomplete.

Education

Updated: 11 May 2022; Ref: scu.85466

Regina v Sheffield City Council, Ex Parte Hague and Another: CA 20 Aug 1999

When a local authority hears an appeal against the refusal to offer a place for a child at a secondary school, the committee may hear submissions as to the possible illegality of the admissions policy of the school. It need not assume that a policy was lawful until and unless set aside. The committee is to apply independent scrutiny to the issues.

Citations:

Times 20-Aug-1999

Jurisdiction:

England and Wales

Education, Local Government

Updated: 11 May 2022; Ref: scu.85554

In re D (A Minor): 1987

A dispute as to whether the education authority is exercising its powers properly raises matters of public law to be determined by reference not to the principles of family law but to the principles of substantive public law applied by the Administrative Court.
Woolf LJ said: ‘ . . there is no reason whatever why the court should refrain from exercising its jurisdiction when it is desirable for it to do so in order to assist a local education authority to perform its statutory duties. It is only if the effect of exercising its powers would be to create a conflict between the role of the court and the role of the education authority, or the risk of such conflict, that the court should decline to intervene.’

Judges:

Woolf LJ

Citations:

[1987] 1 WLR 1400

Jurisdiction:

England and Wales

Cited by:

CitedRe A Ward of Court FD 4-May-2017
Ward has no extra privilege from Police Interview
The court considered the need to apply to court in respect of the care of a ward of the court when the Security services needed to investigate possible terrorist involvement of her and of her contacts. Application was made for a declaration as to . .
Lists of cited by and citing cases may be incomplete.

Children, Education

Updated: 06 May 2022; Ref: scu.588163

In re B (Infants): 1962

Citations:

[1962] Ch 201

Jurisdiction:

England and Wales

Cited by:

CitedRe A Ward of Court FD 4-May-2017
Ward has no extra privilege from Police Interview
The court considered the need to apply to court in respect of the care of a ward of the court when the Security services needed to investigate possible terrorist involvement of her and of her contacts. Application was made for a declaration as to . .
Lists of cited by and citing cases may be incomplete.

Education, Children

Updated: 06 May 2022; Ref: scu.588162

Hares v Curtin: 1913

Citations:

[1913] 2 KB 328

Jurisdiction:

England and Wales

Cited by:

CitedIsle of Wight Council v Platt SC 6-Apr-2017
Regular school attendance is following the rules
The respondent had taken his child out of school during term time to go on holiday. The child otherwise had an excellent attendance record. The Council having failed on appeal to the Administrative Court, it appealed saying that the word ‘regularly’ . .
Lists of cited by and citing cases may be incomplete.

Education

Updated: 04 May 2022; Ref: scu.581440

Ex parte the School Board of London, In re Murphy: 1877

Cockburn CJ said ‘an occasional omission might suffice’ to constitute the offence under the bye-laws of not securing the regular attendance of a child at school, contrasting it with the graver sanction of a school attendance order which might result from an habitual failure.

Judges:

Cockburn CJ

Citations:

(1877) LR 2 QBD 397

Jurisdiction:

England and Wales

Cited by:

CitedIsle of Wight Council v Platt SC 6-Apr-2017
Regular school attendance is following the rules
The respondent had taken his child out of school during term time to go on holiday. The child otherwise had an excellent attendance record. The Council having failed on appeal to the Administrative Court, it appealed saying that the word ‘regularly’ . .
Lists of cited by and citing cases may be incomplete.

Education

Updated: 04 May 2022; Ref: scu.581439

Hinchley v Rankin: QBD 1961

A father had been rightly convicted when his son had been recorded as absent because he had not been at school when the register was closed, for ‘it must be regular attendance for the period prescribed by the person upon whom the duty to provide the education is laid’

Citations:

[1961] 1 WLR 421

Jurisdiction:

England and Wales

Cited by:

CitedIsle of Wight Council v Platt Admn 13-May-2016
The Council appealed by case stated against a decision by magistrates that a parent who took his child out of school to take a holiday hod not failed to ensure that the child attended regularly. The record was otherwise regular and satisfactory.
CitedIsle of Wight Council v Platt SC 6-Apr-2017
Regular school attendance is following the rules
The respondent had taken his child out of school during term time to go on holiday. The child otherwise had an excellent attendance record. The Council having failed on appeal to the Administrative Court, it appealed saying that the word ‘regularly’ . .
Lists of cited by and citing cases may be incomplete.

Education

Updated: 04 May 2022; Ref: scu.564909

Regina (DR) (AM) v St George’s Catholic School and Others, Regina (A) v Kingsmead School Governors and Another: CA 13 Dec 2002

The applicants appealed the refusal of judicial review of the refusals of their appeals against exclusion from school.
Held: The Act provided a full appeal procedure from the initial decision of the school’s head teacher, first to the governors, and then to an independent appeal panel. They argued that Rowlands established that a right to a judicial review of an earlier decision survived a fairly conducted appeal against that decision.
Held: The Rowlands case applied only where a possibility of an appeal remained. A closer case was McMahon. The court must look at the statutory scheme as a whole. Where an early defect was capable of being cured by the later appeals, it must be rare (perhaps as in Calvin) for any right of review to survive.

Judges:

Lord Justice Keene, Lord Justice Kay, Lord Justice Simon Brown

Citations:

Times 19-Dec-2002

Jurisdiction:

England and Wales

Citing:

CitedRegina v Hereford Magistrates’ Court (ex parte Rowlands, Ingram); Regina v Harrow Youth Court (ex parte Prussia) Admn 10-Feb-1997
The power to adjourn a trial is conferred upon Justices by statute. The divisional court will intervene where defendants have been deprived of a fair opportunity to present their case. The decision whether to grant an adjournment is not a mechanical . .
Appealed fromRegina (A) v Kingsmead School Governors and Another QBD 13-Mar-2002
A permanently excluded pupil sought judicial review of the decision to exclude him. The school resisted saying that since there remained an avenue of appeal, a judicial review was inappropriate. He could still ask for a review of the decision of the . .
CitedLloyd v McMahon HL 12-Mar-1987
The district auditor had issued a certificate under the 1982 Act surcharging the appellant councillors in the sum of 106,103, pounds being the amount of a loss incurred or deficiency caused, as the auditor found, by their wilful misconduct.
CitedCalvin v Carr PC 15-Jan-1979
(New South Wales) It was argued that a decision of the stewards of the Australian Jockey Club was void for having been made in breach of the rules of natural justice.
Held: The stewards were entitled to use the evidence of their eyes and their . .

Cited by:

Appealed ToRegina (A) v Kingsmead School Governors and Another QBD 13-Mar-2002
A permanently excluded pupil sought judicial review of the decision to exclude him. The school resisted saying that since there remained an avenue of appeal, a judicial review was inappropriate. He could still ask for a review of the decision of the . .
Lists of cited by and citing cases may be incomplete.

Education, Judicial Review

Updated: 28 April 2022; Ref: scu.178446

Regina (A) v Kingsmead School Governors and Another: QBD 13 Mar 2002

A permanently excluded pupil sought judicial review of the decision to exclude him. The school resisted saying that since there remained an avenue of appeal, a judicial review was inappropriate. He could still ask for a review of the decision of the independent appeal panel.
Held: Such a decision was of great importance to the child, and it was necessary that the procedure adopted should be fair. Those sitting on the discipline committee served a statutory function, and must fulfil their duties with care and independence. The availability of judicial review would serve to emphasise that duty. There would be no flood of cases because of the tests in Rowlands. Here, however, the defects in the consideration by the committee had been cured by the procedure adopted by the independent appeal panel, and the review was refused.

Judges:

Justice Mitchell

Citations:

Times 16-May-2002

Jurisdiction:

England and Wales

Citing:

CitedRegina v Hereford Magistrates’ Court (ex parte Rowlands, Ingram); Regina v Harrow Youth Court (ex parte Prussia) Admn 10-Feb-1997
The power to adjourn a trial is conferred upon Justices by statute. The divisional court will intervene where defendants have been deprived of a fair opportunity to present their case. The decision whether to grant an adjournment is not a mechanical . .
Appealed ToRegina (DR) (AM) v St George’s Catholic School and Others, Regina (A) v Kingsmead School Governors and Another CA 13-Dec-2002
The applicants appealed the refusal of judicial review of the refusals of their appeals against exclusion from school.
Held: The Act provided a full appeal procedure from the initial decision of the school’s head teacher, first to the . .

Cited by:

Appealed fromRegina (DR) (AM) v St George’s Catholic School and Others, Regina (A) v Kingsmead School Governors and Another CA 13-Dec-2002
The applicants appealed the refusal of judicial review of the refusals of their appeals against exclusion from school.
Held: The Act provided a full appeal procedure from the initial decision of the school’s head teacher, first to the . .
Lists of cited by and citing cases may be incomplete.

Education, Judicial Review

Updated: 28 April 2022; Ref: scu.171182

S v Special Educational Needs Tribunal and Another: QBD 28 Sep 1995

A child has no right of appeal in his own name against a Special Educational Needs Tribunal finding. He had not been a party to the original hearing. An appeal should be brought by the parents.

Citations:

Times 18-Dec-1995, Times 05-Oct-1995, Independent 28-Sep-1995

Statutes:

Tribunal and Inquiries Act 1992 11(1), Education Act 1993

Jurisdiction:

England and Wales

Education

Updated: 28 April 2022; Ref: scu.88962

S v Essex County Council and another: QBD 10 May 2000

The Special Educational Needs Tribunal had jurisdiction to hear an appeal by a parent against the decision of an education authority to cease to hold an assessment that a child had special educational needs once the child reached the age of sixteen, and education was not compulsory. The definition of a child with such needs was different from the general definition under the Act, and defined such a child as being under nineteen, not, as for other purposes, sixteen.

Citations:

Times 10-May-2000

Statutes:

Education Act 1996 Sch7 27 para 11, 579(1), 312(5)

Jurisdiction:

England and Wales

Education

Updated: 28 April 2022; Ref: scu.88943

Nairn and Others v St Andrews and Edinburgh Universities’ University Courts and Others: HL 10 Dec 1908

On a consideration of the statutes dealing with the franchise for universities, that women graduates of a Scottish university are not entitled to vote at the election of a Member of Parliament for the university, and, not being voters, are not entitled to receive voting papers from the registrar of the university.

Judges:

Lord Chancellor (Loreburn), Lord Ashbourne, Lord Robertson, and Lord Collins

Citations:

[1908] UKHL 132, 46 SLR 132

Links:

Bailii

Jurisdiction:

Scotland

Elections, Education, Discrimination

Updated: 26 April 2022; Ref: scu.621531

KE and Others, Regina (on The Application of) v Bristol City Council: Admn 3 Aug 2018

‘The Claimants seek permission to challenge the decision of the Defendant made on 20 February 2018 to set a schools’ budget which included a reduction in expenditure of approximately pounds 5 million in the high needs block budget (the sums set aside for provision for those with special educational needs ; ‘SEN’). ‘

Judges:

Cotter QC HHJ

Citations:

[2018] EWHC 2103 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Education

Updated: 26 April 2022; Ref: scu.621159

Warwickshire County Council v Matalia: ChD 18 Jul 2017

Application for injunctive relief against the defendant for an allegedly threatened breach of confidence in disclosure of forthcoming exam questions.

Judges:

Simon Barker QC HHJ

Citations:

[2018] EWHC 1340 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Intellectual Property, Education

Updated: 25 April 2022; Ref: scu.620091

Learn Direct Ltd v OFSTED: Admn 4 Aug 2017

Judicial review challenge to the defendant’s report of an inspection undertaken pursuant to section 126(1) of the 2006 Act, of the claimant’s provision of further education and skills training.

Citations:

[2017] EWHC 3730 (Admin)

Links:

Bailii

Statutes:

Education and Inspections Act 2006 126(1)

Jurisdiction:

England and Wales

Education

Updated: 25 April 2022; Ref: scu.619952

London County Council v Maher: 1929

The list of permissible reasons for non attendance at school listed in the 1870 Act is non-exclusive.

Citations:

[1929] 2 KB 97

Statutes:

Elementary Education Act 1870

Jurisdiction:

England and Wales

Cited by:

CitedIsle of Wight Council v Platt SC 6-Apr-2017
Regular school attendance is following the rules
The respondent had taken his child out of school during term time to go on holiday. The child otherwise had an excellent attendance record. The Council having failed on appeal to the Administrative Court, it appealed saying that the word ‘regularly’ . .
Lists of cited by and citing cases may be incomplete.

Education

Updated: 13 April 2022; Ref: scu.581438

Regina v Rotherham Metropolitan Borough Council ex parte Clark, Dakin and Others: CA 19 Nov 1997

Citations:

[1997] EWCA Civ 2768, (1998) ELR 152

Jurisdiction:

England and Wales

Cited by:

CitedRegina (K) v Newham London Borough Council and Another QBD 19-Feb-2002
Parents applied for secondary school places, indicating three single sex schools. This was from a clear religious conviction. The local authority allocated another place, without giving reasons, but did provide a pamphlet setting out its policy, . .
Lists of cited by and citing cases may be incomplete.

Education

Updated: 12 April 2022; Ref: scu.143167

Monk v Hereford and Worcester County Council and Special Educational Needs Tribunal: Admn 26 Jan 1998

Gilliatt Appeal against decision of LEA not to prepare a statement and SENT which upheld the LEA’s refusal. The LEA contended that the child’s needs were met within the school with input from the SENCO, and Educational Psychologist. The parents submitted evidence from a speech and language therapist and an educational psychologist that the child was suffering from a semantic pragmatic language disorder and his needs could not be met within the school. The tribunal’s reasons were not clear as to the extent to which they did or did not accept this evidence, or their reasons for not accepting some of it. The case was remitted to the SENT for rehearing.

Judges:

Mr Justice Kay

Citations:

[1998] EWHC Admin 64

Jurisdiction:

England and Wales

Education

Updated: 12 April 2022; Ref: scu.138185

Regina v Kirklees Metropolitan Borough Council ex parte Beaumont and others: QBD 22 Nov 2000

Local councillors who sat as governors of one school should not have voted on a motion regarding the closure of a neighbouring school. They had a clear, if indirect, financial interest in the issue and should have declared the interest and declined to vote. Membership of a school governors council was not listed in the Code of Practice, but the Code was not a complete list of interests which might be declarable.

Citations:

Times 22-Nov-2000

Statutes:

National Code of Local Government Conduct (DoE Circular 8/90)

Local Government, Education

Updated: 10 April 2022; Ref: scu.88523

Regina v Governors of B School, ex parte W: QBD 14 Nov 2000

A requirement that a school child be re-instated in school after exclusion, was a requirement of re-admission to the school, not full re-admission into classes. Re-instatement was not to be given any elaborate meaning. Things could not always be out back just as they were, and provided the child was being educated in the school, it could not be said that she was still excluded. However a blanket refusal by teaching unions and their members to teach the child bordered on irrational.

Citations:

Times 14-Nov-2000, Gazette 23-Nov-2000

Statutes:

School Standards and Framework Act 1998

Education

Updated: 10 April 2022; Ref: scu.88481

Regina v Secretary of State for Education and Employment and Another Ex Parte Morris and Others: QBD 15 Dec 1995

There was no need for consultation before a school can be closed as a failing school. Simon Brown LJ emphasised the need to avoid a mechanistic approach to the requirements of consultation.

Judges:

Simon Brown LJ

Citations:

Times 15-Dec-1995, [1996] ELR 162

Statutes:

Education Act 1993 Part V

Cited by:

CitedEisai Ltd, Regina (on the Application of) v National Institute for Health and Clinical Excellence (NICE) and Shire Pharmaceuticals Limited and Association of the British Pharmaceutical Industry (Interveners) CA 1-May-2008
The applicant pharmaceutical companies challenged the decision of the National Institute for Clinical Excellence (NICE) to to list certain drugs saying that the procedure adopted was unfair. NICE had revealed that results of calculations it had made . .
Lists of cited by and citing cases may be incomplete.

Education

Updated: 10 April 2022; Ref: scu.87703

Regina v Secretary of State for Education and Employment, Ex Parte Amraf Training Plc: QBD 17 Oct 2000

Although the department had registered a course for an eighty per cent subsidy for trainees, in the absence of knowledge of what fees would be charged, it remained open to the department later to withdraw that recognition when the amounts payable appeared not to represent value for money, and even though students had been accepted onto the course. The existing students had been allowed to complete the course, and the provider offered the opportunity to apply to re-register at a lower course fee, but had refused. Value for money was a relevant factor.

Citations:

Times 17-Oct-2000

Education, Administrative

Updated: 10 April 2022; Ref: scu.87704

Regina v Pharmaceutical Society of Great Britain, Ex Parte Mahmood and Another: QBD 17 Oct 2000

It was proper for a professional body granting rights to practice by means of examination tests, to limit the number of attempts at such examinations. Although such a limit did operate as a restraint of trade, that restraint was justified in order to protect the public and maintain professional integrity. The maximum was not required to be imposed by statute, but it could not be said to be irrational.

Citations:

Times 17-Oct-2000

Statutes:

Pharmacy Act 1954 16

Health Professions, Education

Updated: 09 April 2022; Ref: scu.87545

Regina v East Sussex County Council Ex Parte Tandy: HL 21 May 1998

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:

Education Act 1996 19(1)

Citing:

Appeal fromRegina 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:

CitedRegina 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

Regina v Bradford Metropolitan Borough Council Ex parte Sikander Ali: QBD 21 Oct 1993

A Local Authority may use traditional school catchment areas as a basis for admissions policies for initial allocation of schools, without this being racially discriminatory. They are a valid basis of choice, despite supervening population shifts.

Citations:

Ind Summary 22-Nov-1993, Gazette 03-Nov-1993, Times 21-Oct-1993

Discrimination, Education, Local Government

Updated: 09 April 2022; Ref: scu.86183

Regina v Birmingham City Council, Ex Parte Youngson (A Child): QBD 9 Jan 2001

The authority’s policy not to make an educational grant unless the parents demonstrated hardship, that financial assistance was unavailable elsewhere, and that no alternative to the educational avenue chosen was available, or that other exceptional circumstances applied, was lawful. In this case the student’s need for dancing tuition could be satisfied in a day school with supporting special tuition. The authority had a discretion about such payments, and in this case the discretion had not been exercised ultra vires. Parental preferences had to be balanced against unreasonable burdens on public expenditure.

Citations:

Times 09-Jan-2001

Statutes:

Education Act 1996 518, Scolarship and Other Benefits Regulations 1997 No 1443

Education, Benefits

Updated: 09 April 2022; Ref: scu.86139

Regina v Richmond Upon Thames London Borough Council, Ex Parte C (A Child): QBD 26 Apr 2000

An appeal to the local education authority against a decision not to grant a place at the parents choice of primary school, because it would require additional resources to provide for larger class sizes, is by way of review, and not by way of a rehearing. Accordingly the appeal committee should base its decision on the information available on the original decision together with any information of which they should have been aware.

Citations:

Times 26-Apr-2000

Statutes:

Education Act 1966 (Infant Class Sizes) (Modification) Regulations 1998 (1998 no 1948)

Citing:

Appealed toRegina v Richmond Upon Thames London Borough Council and Another, Ex Parte JC (A Child) CA 10-Aug-2000
The restrictions placed upon the maximum class sizes in turn restricted the rights of parents to appeal against refusal of a school place. It is for the parent to satisfy the original admissions committee and the appeal committee of the need for a . .

Cited by:

Appeal fromRegina v Richmond Upon Thames London Borough Council and Another, Ex Parte JC (A Child) CA 10-Aug-2000
The restrictions placed upon the maximum class sizes in turn restricted the rights of parents to appeal against refusal of a school place. It is for the parent to satisfy the original admissions committee and the appeal committee of the need for a . .
Lists of cited by and citing cases may be incomplete.

Education, Litigation Practice, Legal Aid

Updated: 09 April 2022; Ref: scu.85462

Regina v Secretary of State for Education and Employment, Ex Parte National Union of Teachers: QBD 8 Aug 2000

The general power of the Secretary of State to promote education did not extend to provision for the terms and conditions of teachers’ employment or establishing systems for the payment of higher rates of pay to teachers meeting performance standards. Reference to Parliament was necessary. The Secretary of State had not followed consultation procedures set down for the making of significant alterations to teachers contracts.

Citations:

Times 08-Aug-2000

Statutes:

School Teachers’ Pay and Conditions Act 1991

Education, Employment, Administrative

Updated: 09 April 2022; Ref: scu.85477

Regina v Muntham House School, Ex Parte R: QBD 26 Jan 2000

It was not possible to judicially review the admission policy of a private school. It was a private body, even though it received the bulk of its income from local authorities, and it was otherwise subject to strict statutory control.

Citations:

Times 26-Jan-2000

Judicial Review, Education

Updated: 09 April 2022; Ref: scu.85418

Regina v Governors of Dunraven School, Ex Parte B (A Child): QBD 24 Sep 1999

The school investigated allegations of theft and expelled the child. The independent appela panel rejected the appeal. The child’s parents sought a judicial review because of the way the investigation had been handled.
Held: A school enquiring into allegations of dishonesty by a pupil and which lead to the child’s expulsion, had a duty to conduct such an enquiry with a high standard of fairness. The child should have been interviewed alone. Nevertheless, it was inappropriate to judge such actions by reference to the principles or rules which would apply to a police investigation under PACE. The allegations had been investigated and the conclusions drawn could be justified on the facts ascertained.

Judges:

Nigel Pleming QC

Citations:

Times 10-Nov-1999

Citing:

Appealed toRegina v Governors of Dunraven School Ex Parte B CA 21-Dec-1999
Three pupils were excluded after a finding of theft. On appeal the second child to be heard was not told what had been said by the first to be heard. The first was allowed back into the school, but not the applicant.
Held: The Act showed that . .
From LeaveRegina v Governors of Dunraven School, Ex Parte B (A Child) Admn 24-May-1999
Application for leave to bring judicial review. . .

Cited by:

Appeal fromRegina v Governors of Dunraven School Ex Parte B CA 21-Dec-1999
Three pupils were excluded after a finding of theft. On appeal the second child to be heard was not told what had been said by the first to be heard. The first was allowed back into the school, but not the applicant.
Held: The Act showed that . .
Full HearingRegina v Governors of Dunraven School, Ex Parte B (A Child) Admn 24-May-1999
Application for leave to bring judicial review. . .
Lists of cited by and citing cases may be incomplete.

Natural Justice, Education

Updated: 09 April 2022; Ref: scu.85287

Regina v Clark, Ex Parte Jd and Others: QBD 26 May 2000

Where an adjudicator who had been appointed under the Act proposed to issue a critical report, it was incumbent upon him to make sure he had available to him all the relevant facts. It was not open to him to leave it to the school and local authority to guess what matters might be relevant and produce information accordingly. He had criticised the policy of admitting 15% of pupils with special musical ability, on the basis that this discriminated against poorer pupils, but failed to discover that the authority offered certain help.

Citations:

Times 26-May-2000

Statutes:

Schools Standards and Framework Act 1998 90

Education

Updated: 09 April 2022; Ref: scu.85186

P v Swansea City and County and Another: QBD 1 Dec 2000

A pupil referral unit could exceptionally be named as an appropriate school for a child with special educational needs under part IV. There is no simple duty on the tribunal or the authority to specify a special needs school. Such a case might arise where the child had only a short time left in school and other solutions would be more disruptive. If the tribunal decided to not to follow the terms of a circular it, it should say why. That did not require it to state its reasons beyond a summary form.

Citations:

Times 01-Dec-2000

Education

Updated: 09 April 2022; Ref: scu.84529

North of England Zoological Society v Commissioners of Customs and Excise: QBD 20 Oct 1999

For VAT purposes, as opposed to other forms of taxation, educational purposes meant education within a more formal class or lesson type structure. A zoo, open to the public but employing education officers to assist with education of visitors was not exempt from charging VAT upon its entrance fees. The education offered did not come within this definition.

Citations:

Times 02-Nov-1999, Gazette 20-Oct-1999

Statutes:

Value Added Tax Act 1994 31 Sch 9, Group 6, 1(a)

VAT, Education, VAT

Updated: 09 April 2022; Ref: scu.84344

Marchant and Others v Onslow: ChD 12 Nov 1993

School site reverts to original grantors when land is not part of an estate.

Citations:

Times 12-Nov-1993

Statutes:

School Sites Act 1841 2

Cited by:

DisapprovedFraser and Another v Canterbury Diocesan Board Of Finance (No 1) CA 24-Nov-2000
A grant of land was made under the 1841 Act in 1872 (after the 1870 Act) and the school had in 1874 been transferred to a school board under section 23 of the 1870 Act. The school closed permanently in 1992. The issue was whether reverter had . .
Lists of cited by and citing cases may be incomplete.

Education

Updated: 09 April 2022; Ref: scu.83403

King v East Ayrshire Council: IHCS 3 Nov 1997

An application for the closure of a school need not be based upon an assessment of school’s pupil capacity as at time of assessment. The court may exercise its discretion to refuse judicial review where that is appropriate, having regard to the public interest in public authorities and third parties not being kept in suspense as to the legal validity of a decision for any longer than is absolutely necessary in fairness to the person affected by it.

Citations:

Times 03-Nov-1997, 1998 SC 182

Statutes:

Education (Publication and Consultation (Scotland)) Regulations 1985 (1985 No 1558) am

Citing:

AppliedO’Reilly v Mackman HL 1982
Remission of Sentence is a Privilege not a Right
The plaintiffs had begun their action, to challenge their loss of remission as prisoners, by means of a writ, rather than by an action for judicial review, and so had sidestepped the requirement for the action to be brought within strict time . .

Cited by:

CitedSomerville v Scottish Ministers HL 24-Oct-2007
The claimants complained of their segregation while in prison. Several preliminary questions were to be decided: whether damages might be payable for breach of a Convention Right; wheher the act of a prison governor was the act of the executive; . .
Lists of cited by and citing cases may be incomplete.

Education, Scotland, Judicial Review

Updated: 09 April 2022; Ref: scu.82784

Hardie v Edinburgh City Council: OHCS 16 Feb 2000

The question of whether a supply teacher had properly been removed form the Local Authority’s list, was a matter with public law issues, and was capable of being subject to a judicial review. The authority was fulfilling a statutory duty to provide adequate education, even there was no express duty to maintain such a list. In this case also there was no continuing private contractual relationship between the applicant and the authority.

Citations:

Times 16-Feb-2000

Judicial Review, Employment, Education

Updated: 08 April 2022; Ref: scu.81229

Hackney London Borough Council v Silyadin: QBD 17 Sep 1998

The Special Educational Needs Tribunal should not order a Local Authority to provide services which went beyond the special needs of the child. No need in rejecting Authority’s proposal to accept parent’s alternate choice.

Citations:

Times 17-Sep-1998

Citing:

DistinguishedRichardson v Solihull Metropolitan Borough Council Special Educational Needs Tribunal; White v London Borough of Ealing Special Needs Tribunal and Hereford and Worcester County Court v Karen Lane CA 12-Feb-1998
The need to specify the special educational needs for a child did not necessarily mean that any particular school must be nominated, nor even that the need must be met through a school. Whilst the definition of ‘special educational provision’ in . .
Lists of cited by and citing cases may be incomplete.

Education

Updated: 08 April 2022; Ref: scu.81122

Fraser and Another v Canterbury Diocesan Board of Finance: ChD 22 Feb 2000

Where land had been acquired under the Act on trusts related specifically to the provision of education in accordance with a specified religion, the abandonment by the school of that purpose meant that the land reverted immediately to the original donor. It was clear that the trust established was not merely for educational purposes where the religious element was incidental. That element was the purpose of the gift.

Citations:

Times 22-Feb-2000

Statutes:

School Sites Act 1841

Cited by:

Appeal fromFraser and Another v Canterbury Diocesan Board Of Finance (No 1) CA 24-Nov-2000
A grant of land was made under the 1841 Act in 1872 (after the 1870 Act) and the school had in 1874 been transferred to a school board under section 23 of the 1870 Act. The school closed permanently in 1992. The issue was whether reverter had . .
CitedFraser and Another v Canterbury Diocesan Board of Finance and others HL 27-Oct-2005
Land had been acquired by a deed under the 1841 Act, but had in 1995 ceased to be used as a school ‘for the education of children and adults of the labouring manufacturing and other poorer classes . . And for no other purpose ‘. Under the Act, the . .
Lists of cited by and citing cases may be incomplete.

Land, Ecclesiastical, Education

Updated: 08 April 2022; Ref: scu.80664

DS, Regina (on The Application of) v Wolverhampton City Council: Admn 30 Jun 2017

The claimant challenged what those acting for him describe as ‘the Defendant’s ongoing failure or refusal to provide suitable education at school or otherwise than at school in breach of its duty under section 19(1) of the Education Act 1996’.

Judges:

Garnham J

Citations:

[2017] EWHC 1660 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Education

Updated: 27 March 2022; Ref: scu.588876

London School of Science and Technology, Regina (on The Application of) v Secretary of State for The Home Department: Admn 8 Mar 2017

The Claimant sought judicial review of the Defendant’s decision to revoke LSST’s Tier 4 sponsor licence, and revocation of LSST’s Tier 2 licence which occurred at the same time.

Judges:

Sara Cockerill QC DHCJ

Citations:

[2017] EWHC 423 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Immigration, Education

Updated: 09 February 2022; Ref: scu.579634

Wallace v Secretary of State for Education: Admn 27 Jan 2017

Teacher’s appeal against prohbition order. As a head teacher he was said to have awarded contracts to associates.
Held: The appeal succeeded.

Judges:

Holgate J

Citations:

[2017] EWHC 109 (Admin)

Links:

Bailii

Statutes:

Teachers’ Disciplinary (England) Regulations 2012

Jurisdiction:

England and Wales

Education

Updated: 29 January 2022; Ref: scu.573492