Smieja, R (on the application of) v London Borough of Bexley [2015] EWCA Civ 895 (18 June 2015)

The panel's decision, though contrary to the weight of expert evidence, was not irrational as there was some evidence supporting it and a rational explanation was provided; therefore, the Wednesbury challenge fails.

Citation: [2015] EWCA Civ 895
Parties: Claimant/appellant: Lara Smieja (by her litigation friend Frank Smieja); Defendant/respondent: London Borough of Bexley
Jurisdiction: England and Wales
Judgment Date: 18 June 2015
Procedural Posture: Judicial Review / Renewed Application for Permission to Appeal After Refusal by Single Judge
Outcome: Permission to appeal refused
Legal Topics: Wednesbury Unreasonableness, Special Educational Needs, Local Authority Decision Making, Judicial Review Standards

Administrative Law Education Law Disability Law Wednesbury Unreasonableness Special Educational Needs Local Authority Decision Making Judicial Review Standards

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1

Parties

Lara Smieja (by her litigation friend Frank Smieja)

Claimant/appellant

London Borough of Bexley

Defendant/respondent

Procedural Posture

Judicial Review / Renewed Application for Permission to Appeal After Refusal by Single Judge

Legal Issues

1 Whether the local authority's decision regarding educational placement was Wednesbury unreasonable
2 Whether sufficient reasons were given for rejecting expert recommendations

Ratio Decidendi

Court Disposition

Permission to appeal refused