CHO, R (on the application of) v Governing Body of Lonsdale School & Ors

CHO, R (on the application of) v Governing Body of Lonsdale School & Ors

The decision to shorten school hours was made by the school governing body due to staffing shortages, not cost-cutting, and did not constitute unlawful discrimination or breach statutory guidance or regulations. Social interaction time constituted a substantive afternoon session. The Secretary of State's guidance was justified and not discriminatory. The claim was not academic but failed on its merits.

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 / Final Judgment After Rolled Up Hearing
Outcome
Claim dismissed after permission granted for judicial review.
Legal Topics
Disability Discrimination, School Funding, School Hours, Statutory Guidance, Judicial Review Procedure
Education Law Equality Law Administrative Law Human Rights Law Disability Discrimination School Funding School Hours 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 / Final Judgment After Rolled Up Hearing

Legal Issues

  1. 1 Whether the decision to shorten school hours at a special school constituted unlawful disability discrimination
  2. 2 Whether the school and local authority breached statutory guidance and regulations on school hours
  3. 3 Whether the Secretary of State's guidance is discriminatory

Ratio Decidendi

The decision to shorten school hours was made by the school governing body due to staffing shortages, not cost-cutting, and did not constitute unlawful discrimination or breach statutory guidance or regulations. Social interaction time constituted a substantive afternoon session. The Secretary of State's guidance was justified and not discriminatory. The claim was not academic but failed on its merits.

Court Disposition

Claim dismissed after permission granted for judicial review.

Orders

  • Permission to apply for judicial review granted.
  • Claim for judicial review dismissed.