KXO & Anor v Devon County Council

KXO & Anor v Devon County Council

The Court’s permission or approval is not required for the discontinuance of these claims under CPR 38 or CPR 21.10 because the notice was unilateral and not pursuant to a settlement or compromise. The Notice of Discontinuance brought the proceedings to an end as of 5 January 2026, save for costs. The claims were in any event totally without merit due to the availability of an alternative statutory remedy. The Claimant’s Litigation Friend is liable for the Defendant’s costs, to be assessed if not agreed, but not to be enforced without leave of the Court.

Parties
Claimant: KXO and OYW (by their mother and litigation friend, SZO); Defendant: Devon County Council
Jurisdiction
England and Wales
Judgment Date
02 April 2026
Procedural Posture
Judicial Review / Discontinuance and Costs Determination After Notice of Discontinuance Filed
Outcome
Claim discontinued by Notice of Discontinuance; costs order against Claimant’s Litigation Friend
Legal Topics
Judicial Review Procedure, Discontinuance of Proceedings, Reasonable Adjustments, Costs Orders, Children and Families Act 2014, Special Educational Needs
Administrative Law Education Law Disability Law Judicial Review Procedure Discontinuance of Proceedings Reasonable Adjustments Costs Orders Children and Families Act 2014 +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 After Notice of Discontinuance Filed

Legal Issues

  1. 1 Whether court permission or approval is required to discontinue judicial review claims brought by children/protected parties under CPR 38 or CPR 21.10
  2. 2 Whether the claims should be dismissed as totally without merit if not discontinued
  3. 3 Costs consequences of discontinuance

Ratio Decidendi

The Court’s permission or approval is not required for the discontinuance of these claims under CPR 38 or CPR 21.10 because the notice was unilateral and not pursuant to a settlement or compromise. The Notice of Discontinuance brought the proceedings to an end as of 5 January 2026, save for costs. The claims were in any event totally without merit due to the availability of an alternative statutory remedy. The Claimant’s Litigation Friend is liable for the Defendant’s costs, to be assessed if not agreed, but not to be enforced without leave of the Court.

Court Disposition

Claim discontinued by Notice of Discontinuance; costs order against Claimant’s Litigation Friend

Orders

  • Notice of Discontinuance effective 5 January 2026; claim discontinued except for costs
  • Claimant’s Litigation Friend to pay Defendant’s costs of the proceedings, to be assessed if not agreed, not to be enforced without leave of the Court