Johnstone, R (on the application of) v SENDIST & Anor

Johnstone, R (on the application of) v SENDIST & Anor

The Tribunal did not materially misunderstand the evidence regarding therapy provision at Percy Hedley School, gave adequate reasons for its decision, and was entitled to conclude that the child's needs could be met at Parkside School. No error of law was disclosed and the appeal must be dismissed.

Parties
Appellant: Anne Marie Johnstone; First Respondent: SENDIST; Second Respondent: North Tyneside County Council
Jurisdiction
England and Wales
Judgment Date
15 June 2005
Procedural Posture
Judicial Review / Statutory Appeal / Appeal From Special Educational Needs and Disability Tribunal
Outcome
Appeal dismissed
Legal Topics
Special Educational Needs, Tribunal Appeals, Provision of Therapy in Education, Parental Preference in School Placement, Costs in Public Law Cases
Education Law Administrative Law Disability Law Special Educational Needs Tribunal Appeals Provision of Therapy in Education Parental Preference in School Placement Costs in Public Law Cases

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
Sign in to unlock

Parties

Anne Marie Johnstone

Appellant

SENDIST

First Respondent

North Tyneside County Council

Second Respondent

Procedural Posture

Judicial Review / Statutory Appeal / Appeal From Special Educational Needs and Disability Tribunal

Legal Issues

  1. 1 Whether the Tribunal misunderstood or misapplied evidence regarding the provision of therapy at Percy Hedley School
  2. 2 Whether the Tribunal gave adequate reasons for rejecting the appellant's case and preferring Parkside School

Ratio Decidendi

The Tribunal did not materially misunderstand the evidence regarding therapy provision at Percy Hedley School, gave adequate reasons for its decision, and was entitled to conclude that the child's needs could be met at Parkside School. No error of law was disclosed and the appeal must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • Costs to the second respondent, subject to normal assessment