T v Special Educational Needs Tribunal & Anor [2002] EWHC 1474 (Admin) (18 July 2002)

T v Special Educational Needs Tribunal & Anor [2002] EWHC 1474 (Admin) (18 July 2002)

Where the Tribunal finds that school provision is appropriate under section 319, there is no power to arrange for non-school provision, and parental preference, while considered, does not override this statutory limitation. The Tribunal did not err in law and did not breach Article 2 Protocol 1 ECHR.

Citation
[2002] EWHC 1474 (Admin)
Parties
Claimant: T; First Defendant: The Special Educational Needs Tribunal; Second Defendant: Wiltshire County Council
Jurisdiction
England and Wales
Judgment Date
18 July 2002
Procedural Posture
Appeal (administrative Law) / High Court Judgment on Appeal From Special Educational Needs Tribunal
Outcome
Appeal dismissed
Legal Topics
Special Educational Needs, Parental Preference in Education, Section 319 Education Act 1996, Section 9 Education Act 1996, Article 2 Protocol 1 ECHR
Education Law Administrative Law Human Rights Special Educational Needs Parental Preference in Education Section 319 Education Act 1996 Section 9 Education Act 1996 Article 2 Protocol 1 ECHR

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Parties

T

Claimant

The Special Educational Needs Tribunal

First Defendant

Wiltshire County Council

Second Defendant

Procedural Posture

Appeal (administrative Law) / High Court Judgment on Appeal From Special Educational Needs Tribunal

Legal Issues

  1. 1 Whether the Tribunal erred in law by failing to have proper regard to parental preference under section 9 of the Education Act 1996
  2. 2 Whether section 319 of the Education Act 1996 precludes provision outside school when school provision is appropriate
  3. 3 Whether the Tribunal breached Article 2 of Protocol 1 ECHR by not respecting parental philosophical convictions

Ratio Decidendi

Where the Tribunal finds that school provision is appropriate under section 319, there is no power to arrange for non-school provision, and parental preference, while considered, does not override this statutory limitation. The Tribunal did not err in law and did not breach Article 2 Protocol 1 ECHR.

Court Disposition

Appeal dismissed