Driver, R (On the Application Of) v Rhondda Cynon Taf County Borough Council [2020] EWCA Civ 1759 (21 December 2020)

Driver, R (On the Application Of) v Rhondda Cynon Taf County Borough Council [2020] EWCA Civ 1759 (21 December 2020)

Section 50(2) of the School Standards and Organisation (Wales) Act 2013 provides an exhaustive definition of proposals affecting sixth form education requiring Welsh Ministers' approval; the word 'only'/'yn unig' qualifies the type of school, so only proposals to establish or discontinue schools providing solely sixth form education require approval. Proposals affecting schools providing both sixth form and other education do not require referral. Paragraph 1.9 of the School Organisation Code does not apply to primary school proposals; Rhondda Cynon Taf complied with paragraph 1.4 and considered the impact on Welsh medium education.

Citation
[2020] EWCA Civ 1759
Parties
Claimant/respondent: Anne-Marie Driver; Defendant/appellant: Rhondda Cynon Taf County Borough Council; Intervener: Welsh Language Commissioner; Intervener: Welsh Ministers
Jurisdiction
England and Wales
Judgment Date
21 December 2020
Procedural Posture
Judicial Review Appeal / Court of Appeal (civil Division) Appeal From High Court Administrative Court in Wales
Outcome
Appeal allowed; High Court decision quashed
Legal Topics
Statutory Construction of Bilingual Legislation, School Reorganisation Proposals, Ministerial Approval Requirements, Compliance With School Organisation Code, Welsh Language Provision in Education
Administrative Law Education Law Statutory Interpretation Welsh Law Statutory Construction of Bilingual Legislation School Reorganisation Proposals Ministerial Approval Requirements Compliance With School Organisation Code +1 more

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Parties

Anne-Marie Driver

Claimant/respondent

Rhondda Cynon Taf County Borough Council

Defendant/appellant

Welsh Language Commissioner

Intervener

Welsh Ministers

Intervener

Procedural Posture

Judicial Review Appeal / Court of Appeal (civil Division) Appeal From High Court Administrative Court in Wales

Legal Issues

  1. 1 Whether section 50(2) of the School Standards and Organisation (Wales) Act 2013 provides an exhaustive definition of proposals affecting sixth form education requiring Welsh Ministers' approval
  2. 2 Whether the word 'only'/'yn unig' in section 50(2)(a) qualifies the education or the school
  3. 3 Whether Rhondda Cynon Taf failed to comply with paragraphs 1.4 and/or 1.9 of the School Organisation Code in relation to closure of Welsh medium primary schools

Ratio Decidendi

Section 50(2) of the School Standards and Organisation (Wales) Act 2013 provides an exhaustive definition of proposals affecting sixth form education requiring Welsh Ministers' approval; the word 'only'/'yn unig' qualifies the type of school, so only proposals to establish or discontinue schools providing solely sixth form education require approval. Proposals affecting schools providing both sixth form and other education do not require referral. Paragraph 1.9 of the School Organisation Code does not apply to primary school proposals; Rhondda Cynon Taf complied with paragraph 1.4 and considered the impact on Welsh medium education.

Court Disposition

Appeal allowed; High Court decision quashed

Orders

  • Decision of 18 July 2019 quashing Rhondda Cynon Taf's implementation of proposals 2-4 is set aside
  • Proposals 2 and 3 did not require referral to Welsh Ministers; implementation lawful