Edwards, R (on the application of) v Flintshire County Council

Edwards, R (on the application of) v Flintshire County Council

The Council discharged its statutory duty to consult under the Code; its decisions regarding affected schools and consultation arrangements were within its discretion and not irrational or unlawful. The consultation report and accompanying correspondence report sufficiently highlighted views of children and young people. No arguable breach of statutory requirements was established.

Parties
Claimant: Donna Edwards; Defendant: Flintshire County Council
Jurisdiction
England and Wales
Judgment Date
03 March 2016
Procedural Posture
Judicial Review / Permission Application (renewed Oral Hearing)
Outcome
Permission refused; application dismissed.
Legal Topics
Statutory Consultation, School Closure, Procedural Fairness
Administrative Law Education Law Statutory Consultation School Closure Procedural Fairness

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Donna Edwards

Claimant

Flintshire County Council

Defendant

Procedural Posture

Judicial Review / Permission Application (renewed Oral Hearing)

Legal Issues

  1. 1 Whether the Council complied with statutory consultation requirements under section 38(4) of the Schools Standards and Organisation (Wales) Act 2013 and the Welsh Ministers’ Code of School Organisation
  2. 2 Whether the Council failed to consult with affected schools and school councils
  3. 3 Whether the Council failed to highlight views of children and young people in the consultation report

Ratio Decidendi

The Council discharged its statutory duty to consult under the Code; its decisions regarding affected schools and consultation arrangements were within its discretion and not irrational or unlawful. The consultation report and accompanying correspondence report sufficiently highlighted views of children and young people. No arguable breach of statutory requirements was established.

Court Disposition

Permission refused; application dismissed.

Orders

  • Permission to proceed with judicial review is refused.
  • No further hearing will be held.