RJ, R (on the application of) v Devon County Council

RJ, R (on the application of) v Devon County Council

The court found that the Local Authority was in breach of its statutory duties under section 19 of the Education Act 1996 and section 42 of the Children and Families Act 2014, but was not persuaded that a mandatory order for placement at Tubers Academy was the sole justifiable response, given the risks to transition and the availability of specialist provision at On Track.

Parties
Claimant: RJ (by his litigation friend and mother, MK); Defendant: Devon County Council
Jurisdiction
England and Wales
Judgment Date
02 March 2023
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application for judicial review allowed; mandatory order for Tubers Academy refused.
Legal Topics
Provision of Suitable Education, Special Educational Needs, Statutory Duties of Local Authorities, Mandatory Orders
Education Law Administrative Law Child Welfare Provision of Suitable Education Special Educational Needs Statutory Duties of Local Authorities Mandatory Orders

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Parties

RJ (by his litigation friend and mother, MK)

Claimant

Devon County Council

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether Devon County Council failed to provide suitable education under section 19 of the Education Act 1996
  2. 2 Whether Devon County Council failed to secure special educational provision required by the EHCP under section 42 of the Children and Families Act 2014
  3. 3 Whether Devon County Council failed to adequately consider the welfare and best interests of RJ

Ratio Decidendi

The court found that the Local Authority was in breach of its statutory duties under section 19 of the Education Act 1996 and section 42 of the Children and Families Act 2014, but was not persuaded that a mandatory order for placement at Tubers Academy was the sole justifiable response, given the risks to transition and the availability of specialist provision at On Track.

Court Disposition

Application for judicial review allowed; mandatory order for Tubers Academy refused.

Orders

  • Declaration that Devon County Council is in breach of statutory duties under section 19 of the Education Act 1996 and section 42 of the Children and Families Act 2014.
  • Defendant to arrange for a suitably qualified occupational therapist and speech and language therapist to provide support as required in the EHCP within 14 days.