Driver, R (On the Application Of) v Rhondda Cynon Taf County Borough Council

Driver, R (On the Application Of) v Rhondda Cynon Taf County Borough Council

Section 50(2) of the 2013 Act/Deddf is exhaustive and applies only to proposals for schools providing solely sixth form education; 'only'/'yn unig' qualifies the type of education provided, not the school generally. Proposals to close schools providing both sixth form and other education do not require Welsh Ministerial approval. Paragraph 1.9 of the Code does not apply to primary school proposals, and Rhondda Cynon Taf complied with paragraph 1.4 regarding Welsh medium education.

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 Judgment on Appeal From High Court
Outcome
Appeal allowed; High Court decision quashed in relevant parts.
Legal Topics
Statutory Construction of Bilingual Legislation, School Reorganisation Proposals, Ministerial Approval Requirements, Welsh Language Statutory Equality, Compliance With School Organisation Code
Administrative Law Education Law Statutory Interpretation Language Rights Statutory Construction of Bilingual Legislation School Reorganisation Proposals Ministerial Approval Requirements Welsh Language Statutory Equality +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 Judgment on Appeal From High Court

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
  2. 2 Whether '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 1.9 of the School Organisation Code in relation to Welsh medium education

Ratio Decidendi

Section 50(2) of the 2013 Act/Deddf is exhaustive and applies only to proposals for schools providing solely sixth form education; 'only'/'yn unig' qualifies the type of education provided, not the school generally. Proposals to close schools providing both sixth form and other education do not require Welsh Ministerial approval. Paragraph 1.9 of the Code does not apply to primary school proposals, and Rhondda Cynon Taf complied with paragraph 1.4 regarding Welsh medium education.

Court Disposition

Appeal allowed; High Court decision quashed in relevant parts.

Orders

  • Proposals 2 and 3 (closure of Pontypridd High School and Hawthorn High School) did not require referral to Welsh Ministers; decision to implement lawful.
  • Proposal 4 (closure of Pont Sion Norton and Heol y Celyn primary schools) was lawful; Rhondda Cynon Taf complied with the Code.