KXO & Anor v Devon County Council [2026] EWHC 203 (Admin) (03 February 2026)

KXO & Anor v Devon County Council [2026] EWHC 203 (Admin) (03 February 2026)

Court's permission or approval is not required for discontinuance as notice was unilateral and not pursuant to settlement or compromise. Valid Notice of Discontinuance filed and served; proceedings ended with effect from 5 January 2026 except for costs. Claim was totally without merit due to existence of alternative statutory remedy. Claimant's Litigation Friend ordered to pay Defendant's costs, not to be enforced without leave of the Court.

Citation
[2026] EWHC 203 (Admin)
Parties
Claimant: KXO and OYW (by their mother and litigation friend, SZO); Defendant: Devon County Council
Jurisdiction
England and Wales
Judgment Date
03 February 2026
Procedural Posture
Judicial Review / Discontinuance and Costs Determination
Outcome
Claim discontinued; costs order against Claimant's Litigation Friend.
Legal Topics
Judicial Review, Education, Health and Care Plans (ehcps), Special Educational Needs, Reasonable Adjustments, Discontinuance, Costs
Administrative Law Education Law Disability Law Judicial Review Education, Health and Care Plans (ehcps) Special Educational Needs Reasonable Adjustments Discontinuance +1 more

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Parties

KXO and OYW (by their mother and litigation friend, SZO)

Claimant

Devon County Council

Defendant

Procedural Posture

Judicial Review / Discontinuance and Costs Determination

Legal Issues

  1. 1 Whether court permission or approval is required for discontinuance under CPR 38 or CPR 21.10
  2. 2 Whether the claim should be dismissed or discontinued
  3. 3 Costs consequences of discontinuance

Ratio Decidendi

Court's permission or approval is not required for discontinuance as notice was unilateral and not pursuant to settlement or compromise. Valid Notice of Discontinuance filed and served; proceedings ended with effect from 5 January 2026 except for costs. Claim was totally without merit due to existence of alternative statutory remedy. Claimant's Litigation Friend ordered to pay Defendant's costs, not to be enforced without leave of the Court.

Court Disposition

Claim discontinued; costs order against Claimant's Litigation Friend.

Orders

  • Notice of Discontinuance accepted; proceedings ended with effect from 5 January 2026 except for costs.
  • Claimant's Litigation Friend to pay Defendant's costs, to be assessed if not agreed, not to be enforced without leave of the Court.