DJ, R (On the Application Of) v Cardiff City Council & Anor

DJ, R (On the Application Of) v Cardiff City Council & Anor

The Welsh Ministers’ policy is lawful and does not unlawfully fetter statutory discretion; the refusal to reassess DJ’s educational and training needs was rational and consistent with statutory duties; Careers Wales was not bound to submit a funding application where Welsh Ministers lawfully refused reassessment.

Parties
Claimant: DJ (by his mother and litigation friend AJ); First Defendant: Welsh Ministers; Second Defendant: Career Choices Dewis Gyrfa Ltd (t/a Careers Wales Gyrfa Cymru); First Interested Party: Cardiff City Council; Second Interested Party: BW (by his father and litigation friend NW)
Jurisdiction
England and Wales
Judgment Date
19 October 2018
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim for judicial review dismissed
Legal Topics
Judicial Review of Public Policy, Statutory Discretion, Education Funding for Persons With Learning Difficulties, Mental Capacity Act, Learning and Skills Act
Administrative Law Education Law Disability Law Judicial Review of Public Policy Statutory Discretion Education Funding for Persons With Learning Difficulties Mental Capacity Act Learning and Skills Act

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Parties

DJ (by his mother and litigation friend AJ)

Claimant

Welsh Ministers

First Defendant

Career Choices Dewis Gyrfa Ltd (t/a Careers Wales Gyrfa Cymru)

Second Defendant

Cardiff City Council

First Interested Party

BW (by his father and litigation friend NW)

Second Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Welsh Ministers' policy unlawfully fetters statutory discretion under the Learning and Skills Act 2000
  2. 2 Whether refusal to reassess DJ's educational and training needs was irrational or in breach of statutory duty
  3. 3 Whether Careers Wales' refusal to submit a funding application was unlawful

Ratio Decidendi

The Welsh Ministers’ policy is lawful and does not unlawfully fetter statutory discretion; the refusal to reassess DJ’s educational and training needs was rational and consistent with statutory duties; Careers Wales was not bound to submit a funding application where Welsh Ministers lawfully refused reassessment.

Court Disposition

Claim for judicial review dismissed