CHO, R (On the Application Of) v Governing Body of Lonsdale School & Ors [2026] EWHC 166 (Admin) (30 January 2026)

CHO, R (On the Application Of) v Governing Body of Lonsdale School & Ors [2026] EWHC 166 (Admin) (30 January 2026)

The decision to temporarily reduce school hours at Lonsdale School was made solely by the School in response to a staffing crisis, not for cost-saving or discriminatory reasons. The Local Authority did not authorise the decision but provided support. The School complied with statutory requirements for sessions, and the Guidance does not impose a minimum school week for special schools. As ordinary hours have been restored, the claim is academic and permission is refused.

Citation
[2026] EWHC 166 (Admin)
Parties
Claimant: CHO (a child by his mother and litigation friend CRL); First Defendant: Governing Body of Lonsdale School; Second Defendant: Hertfordshire County Council; Third Defendant: Secretary of State for Education
Jurisdiction
England and Wales
Judgment Date
30 January 2026
Procedural Posture
Judicial Review / Rolled Up Hearing (permission and Substantive Determination)
Outcome
Permission refused; claim dismissed as academic.
Legal Topics
Disability Discrimination, School Hours, Special Educational Needs, Non Statutory Guidance, Judicial Review Procedure
Education Law Equality Law Administrative Law Human Rights Law Disability Discrimination School Hours Special Educational Needs Non Statutory Guidance +1 more

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Parties

CHO (a child by his mother and litigation friend CRL)

Claimant

Governing Body of Lonsdale School

First Defendant

Hertfordshire County Council

Second Defendant

Secretary of State for Education

Third Defendant

Procedural Posture

Judicial Review / Rolled Up Hearing (permission and Substantive Determination)

Legal Issues

  1. 1 Whether the decision to reduce school hours at Lonsdale School constituted unlawful disability discrimination under the Equality Act 2010 and Human Rights Act 1998
  2. 2 Whether the School and Local Authority breached statutory and non-statutory requirements regarding school hours and sessions
  3. 3 Whether the Secretary of State's Guidance is discriminatory or authorises discriminatory conduct

Ratio Decidendi

The decision to temporarily reduce school hours at Lonsdale School was made solely by the School in response to a staffing crisis, not for cost-saving or discriminatory reasons. The Local Authority did not authorise the decision but provided support. The School complied with statutory requirements for sessions, and the Guidance does not impose a minimum school week for special schools. As ordinary hours have been restored, the claim is academic and permission is refused.

Court Disposition

Permission refused; claim dismissed as academic.

Orders

  • No relief granted.
  • Applications to admit evidence and amend grounds granted.