Hill, R (on the application of) v Bedfordshire County Council

Hill, R (on the application of) v Bedfordshire County Council

The Authority acted unlawfully in ceasing to maintain Martin's statement of special educational needs on September 25, 2006 without notifying his parents of their right of appeal to the SENDIST, as required by Schedule 27, paragraph 11 of the Education Act 1996. The statement did not lapse automatically in these circumstances, and the Authority's failure to follow the statutory procedure was not justified by the facts or law.

Parties
Claimant/respondent: Martin Hill (by his father and litigation friend Lawrence Hill); Defendant/appellant: Bedfordshire County Council
Jurisdiction
England and Wales
Judgment Date
16 June 2008
Procedural Posture
Judicial Review / Appeal From High Court to Court of Appeal
Outcome
Appeal allowed in part; declaration of unlawfulness upheld; quashing of funding refusal decision overturned.
Legal Topics
Special Educational Needs, Statements of Special Educational Needs, Local Authority Powers, Right of Appeal, Further Education Funding
Education Law Administrative Law Judicial Review Special Educational Needs Statements of Special Educational Needs Local Authority Powers Right of Appeal Further Education Funding

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Parties

Martin Hill (by his father and litigation friend Lawrence Hill)

Claimant/respondent

Bedfordshire County Council

Defendant/appellant

Procedural Posture

Judicial Review / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the local authority acted lawfully in ceasing to maintain a statement of special educational needs without notifying the parents of their right of appeal to the SENDIST.
  2. 2 Whether the local authority had power to fund a placement at a further education college under the Education Act 1996 or Local Government Act 2000.
  3. 3 Whether the statement of special educational needs lapsed automatically or required formal cessation and notice.

Ratio Decidendi

The Authority acted unlawfully in ceasing to maintain Martin's statement of special educational needs on September 25, 2006 without notifying his parents of their right of appeal to the SENDIST, as required by Schedule 27, paragraph 11 of the Education Act 1996. The statement did not lapse automatically in these circumstances, and the Authority's failure to follow the statutory procedure was not justified by the facts or law.

Court Disposition

Appeal allowed in part; declaration of unlawfulness upheld; quashing of funding refusal decision overturned.

Orders

  • The decision of March 31, 2007 to refuse to fund a place at Elmwood is not quashed.
  • A declaration is made that the Authority acted unlawfully in ceasing to maintain Martin's statement of special educational needs on September 25, 2006 without notifying his parents of their right of appeal to the SENDIST.