THE KING (ON THE APPLICATION OF SWALCLIFFE PARK SCHOOL) v WOKINGHAM BOROUGH COUNCIL

THE KING (ON THE APPLICATION OF SWALCLIFFE PARK SCHOOL) v WOKINGHAM BOROUGH COUNCIL

The local authority failed to meet the requisite standard of conscientious consideration in consultation before naming the school in the EHC plan, rendering its decision unlawful. The consent order was a necessary mechanism for implementing that decision and must also be quashed.

Parties
Claimant: Swalcliffe Park School; First Defendant: Wokingham Borough Council; Second Defendant: First Tier Tribunal (Special Educational Needs and Disability); First Interested Party: PQR; Second Interested Party: XYZ (a minor by his litigation friend, PQR)
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application for judicial review granted; local authority's decision and consent order quashed.
Legal Topics
Judicial Review, Education, Health and Care Plans, Consultation Duties, Consent Orders, Safeguarding, Tribunal Procedure
Education Law Administrative Law Special Educational Needs Judicial Review Education, Health and Care Plans Consultation Duties Consent Orders Safeguarding +1 more

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Parties

Swalcliffe Park School

Claimant

Wokingham Borough Council

First Defendant

First Tier Tribunal (Special Educational Needs and Disability)

Second Defendant

PQR

First Interested Party

XYZ (a minor by his litigation friend, PQR)

Second Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the local authority fulfilled its consultation duty before naming the school in the EHC plan
  2. 2 Whether the local authority's decision was irrational or failed to consider safeguarding duties
  3. 3 Whether the local authority failed to inform the tribunal of the school's opposition

Ratio Decidendi

The local authority failed to meet the requisite standard of conscientious consideration in consultation before naming the school in the EHC plan, rendering its decision unlawful. The consent order was a necessary mechanism for implementing that decision and must also be quashed.

Court Disposition

Application for judicial review granted; local authority's decision and consent order quashed.

Orders

  • Local authority's decision to name the school in the EHC plan quashed.
  • Consent order made by the tribunal quashed.