M, R (on the application of) v Sutton London Borough Council [2007] EWCA Civ 1205 (21 November 2007)

M, R (on the application of) v Sutton London Borough Council [2007] EWCA Civ 1205 (21 November 2007)

A local education authority is entitled to name the parents' preferred school in a statement of special educational needs on the condition that the parents bear transport costs if there are other suitable schools closer to home, and is not required to specify an alternative school by name unless it considers it...

Source-derived case information.

Citation
[2007] EWCA Civ 1205
Parties
Respondent/claimant: THE QUEEN (on the application of M); Appellant/defendant: SUTTON LONDON BOROUGH COUNCIL
Jurisdiction
England and Wales
Judgment Date
21 November 2007
Procedural Posture
Appeal (judicial Review) / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Special Educational Needs, School Transport, Statutory Interpretation, Parental Preference in Education
Education Law Administrative Law Public Law Special Educational Needs School Transport Statutory Interpretation Parental Preference in Education

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

THE QUEEN (on the application of M)

Respondent/claimant

SUTTON LONDON BOROUGH COUNCIL

Appellant/defendant

Procedural Posture

Appeal (judicial Review) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a local education authority is obliged to provide transport to a school named in a statement of special educational needs when the naming is conditional on parents bearing transport costs
  2. 2 Whether the authority must specify an alternative school by name if refusing to provide transport to the parents' preferred school

Ratio Decidendi

A local education authority is entitled to name the parents' preferred school in a statement of special educational needs on the condition that the parents bear transport costs if there are other suitable schools closer to home, and is not required to specify an alternative school by name unless it considers it appropriate. The council's refusal to provide transport was lawful.

Court Disposition

Appeal allowed

Orders

  • Order of Goldring J. quashing the council's decision set aside
  • Council's refusal to provide transport to WPS reinstated