Hampshire County Council, R (on the application of) v R

Hampshire County Council, R (on the application of) v R

The Tribunal erred in law by misinterpreting section 9 as referring only to the child's own instruction and training, by treating parental preference as determinative without a proper balancing exercise, and by failing to apply the correct incompatibility test under Schedule 27. The Tribunal must reconsider whether attendance at Dove House School would be incompatible with efficient education for other children, and if so, exercise its discretion under section 324(4) by balancing all relevant factors.

Parties
Claimant: Hampshire County Council; First Respondent: Ms R; Second Respondent: Special Educational Needs and Disability Tribunal
Jurisdiction
England and Wales
Judgment Date
10 February 2009
Procedural Posture
Judicial Review / Statutory Appeal / High Court Appeal From Tribunal Decision
Outcome
Appeal and cross-appeal allowed; Tribunal decision set aside and matter remitted for reconsideration.
Legal Topics
Special Educational Needs, Parental Preference, Tribunal Procedure, Statutory Interpretation
Education Law Administrative Law Special Educational Needs Parental Preference Tribunal Procedure Statutory Interpretation

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Parties

Hampshire County Council

Claimant

Ms R

First Respondent

Special Educational Needs and Disability Tribunal

Second Respondent

Procedural Posture

Judicial Review / Statutory Appeal / High Court Appeal From Tribunal Decision

Legal Issues

  1. 1 Whether the Tribunal erred in law in its interpretation and application of section 9 of the Education Act 1996 regarding parental wishes and efficient education.
  2. 2 Whether the Tribunal failed to properly exercise its discretion under section 324(4) of the Act after considering section 9.
  3. 3 Whether the Tribunal misapplied the incompatibility test under paragraph 3(3)(b) of Schedule 27 to the Act.

Ratio Decidendi

The Tribunal erred in law by misinterpreting section 9 as referring only to the child's own instruction and training, by treating parental preference as determinative without a proper balancing exercise, and by failing to apply the correct incompatibility test under Schedule 27. The Tribunal must reconsider whether attendance at Dove House School would be incompatible with efficient education for other children, and if so, exercise its discretion under section 324(4) by balancing all relevant factors.

Court Disposition

Appeal and cross-appeal allowed; Tribunal decision set aside and matter remitted for reconsideration.

Orders

  • Matter remitted to the same Tribunal for reconsideration in accordance with the High Court's guidance.
  • No order as to costs between the parties.