M, R (on the application of) v Sutton London Borough Council

M, R (on the application of) v Sutton London Borough Council

The council was entitled to specify the parents' preferred school on condition that they bear transport costs, and was not required to name an alternative school by name; specifying the type of suitable school sufficed under the statutory scheme.

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
Judicial Review / Appeal From High Court to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Special Educational Needs, Local Authority Duties, School Transport, Parental Preference, Statutory Interpretation
Education Law Administrative Law Special Educational Needs Local Authority Duties School Transport Parental Preference Statutory Interpretation

Case Brief

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Parties

THE QUEEN (on the application of M)

Respondent/claimant

SUTTON LONDON BOROUGH COUNCIL

Appellant/defendant

Procedural Posture

Judicial Review / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the local authority was obliged to provide transport to a school named in a statement of special educational needs when the naming was 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

The council was entitled to specify the parents' preferred school on condition that they bear transport costs, and was not required to name an alternative school by name; specifying the type of suitable school sufficed under the statutory scheme.

Court Disposition

Appeal allowed

Orders

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