Chapple v Suffolk County Council

The local authority knew or should have known at the time of the Upper Tribunal hearing that it was not performing its duty under the statement of special educational needs. This nondisclosure justified an order for the authority to pay all costs in the Upper Tribunal and the Court of Appeal.

Parties: Appellant: Chapple; Respondent: Suffolk County Council
Jurisdiction: England and Wales
Judgment Date: 08 June 2011
Procedural Posture: Appeal / Court of Appeal Judgment on Appeal From Upper Tribunal
Outcome: Appeal allowed by consent
Legal Topics: Special Educational Needs, Tribunal Procedure, Judicial Review, Costs Orders

Education Law Administrative Law Special Educational Needs Tribunal Procedure Judicial Review Costs Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Chapple

Appellant

Suffolk County Council

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From Upper Tribunal

Legal Issues

1 Whether the Upper Tribunal erred in refusing to admit new evidence regarding the local authority's failure to provide for William's special educational needs
2 Whether the appropriate remedy for the authority's failure was judicial review or appeal
3 Entitlement to costs in light of the authority's conduct

Ratio Decidendi

Court Disposition

Appeal allowed by consent

Orders

Statement of special educational needs to be amended to name St Mary’s School and funding provided from 13 June 2011
Local authority to pay costs of the appeal and of the Upper Tribunal, subject to detailed assessment unless agreed