EH v Kent County Council

EH v Kent County Council

The tribunal's adoption of the AWPU as the measure of additional public expenditure was lawful and consistent with established authority; there was no need to consider detailed school accounts unless the AWPU did not fairly reflect the cost.

Parties
Appellant: EH; Respondent: Kent County Council
Jurisdiction
England and Wales
Judgment Date
21 June 2011
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Special Educational Needs, Public Expenditure, Parental Choice, School Placement
Education Law Administrative Law Special Educational Needs Public Expenditure Parental Choice School Placement

Case Brief

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Parties

EH

Appellant

Kent County Council

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the tribunal erred in its approach to determining 'unreasonable public expenditure' under section 9 of the Education Act 1996
  2. 2 Whether the tribunal should consider the real, full or notional per capita cost of placement or only the marginal cost

Ratio Decidendi

The tribunal's adoption of the AWPU as the measure of additional public expenditure was lawful and consistent with established authority; there was no need to consider detailed school accounts unless the AWPU did not fairly reflect the cost.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.