ER, R (on the application of) v London Borough of Hillingdon

ER, R (on the application of) v London Borough of Hillingdon

The failure to provide suitable education was a direct consequence of the decision to name an unsuitable school in the SEN statement, which was subject to a right of appeal to SENDIST. Therefore, s 26(6)(a) of the Local Government Act 1974 excluded the LGO's jurisdiction to investigate or recommend compensation for that failure.

Parties
Claimant/appellant: ER; Defendant/respondent: The Commissioner for Local Administration (The Local Government Ombudsman); Interested Party: London Borough of Hillingdon
Jurisdiction
England and Wales
Judgment Date
29 October 2014
Procedural Posture
Judicial Review Appeal / Appeal From Dismissal of Judicial Review in the Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Ombudsman Jurisdiction, Special Educational Needs, Right of Appeal to Tribunal, Compensation for Service Failure, Statutory Interpretation
Administrative Law Education Law Local Government Law Ombudsman Jurisdiction Special Educational Needs Right of Appeal to Tribunal Compensation for Service Failure Statutory Interpretation

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Parties

ER

Claimant/appellant

The Commissioner for Local Administration (The Local Government Ombudsman)

Defendant/respondent

London Borough of Hillingdon

Interested Party

Procedural Posture

Judicial Review Appeal / Appeal From Dismissal of Judicial Review in the Court of Appeal

Legal Issues

  1. 1 Whether the Local Government Ombudsman had jurisdiction to investigate a local authority's failure to provide suitable education where the parent had a right of appeal to SENDIST regarding the contents of a SEN statement
  2. 2 Whether the exclusion of jurisdiction under s 26(6)(a) of the Local Government Act 1974 applies to failures to provide a service resulting from a decision subject to tribunal appeal

Ratio Decidendi

The failure to provide suitable education was a direct consequence of the decision to name an unsuitable school in the SEN statement, which was subject to a right of appeal to SENDIST. Therefore, s 26(6)(a) of the Local Government Act 1974 excluded the LGO's jurisdiction to investigate or recommend compensation for that failure.

Court Disposition

Appeal dismissed