McC (An Infant), R (on the application of) v Gloucester Primary Care Trust & Anor

McC (An Infant), R (on the application of) v Gloucester Primary Care Trust & Anor

The proceedings should remain in being until 31st July 2004 to ensure the agreed provision for the disabled child is maintained, with the option for earlier dismissal by agreement of the parties. The words allowing for unilateral application for earlier dismissal are to be deleted from the order.

Parties
Claimant: Dennis Tristan McC (an infant, by his Litigation Friend and Father Owen McC); Defendant: Gloucestershire County Council; Defendant: Cotswold & Vale Primary Care Trust West; Defendant: Gloucester Primary Care Trust
Jurisdiction
England and Wales
Judgment Date
16 October 2003
Procedural Posture
Judicial Review / Judgment Following Negotiated Settlement
Outcome
Proceedings stayed on terms of settlement; proceedings to stand dismissed on 31st July 2004; no order for costs.
Legal Topics
Special Educational Needs, Provision of Therapy Services, Judicial Review Procedure, Settlement of Proceedings
Administrative Law Education Law Health Law Special Educational Needs Provision of Therapy Services Judicial Review Procedure Settlement of Proceedings

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Parties

Dennis Tristan McC (an infant, by his Litigation Friend and Father Owen McC)

Claimant

Gloucestershire County Council

Defendant

Cotswold & Vale Primary Care Trust West

Defendant

Gloucester Primary Care Trust

Defendant

Procedural Posture

Judicial Review / Judgment Following Negotiated Settlement

Legal Issues

  1. 1 Whether the provision for physiotherapy and occupational therapy in the Statement of Special Educational Needs was adequate
  2. 2 Whether the proceedings should remain in being until 31st July 2004 or be subject to earlier dismissal upon application

Ratio Decidendi

The proceedings should remain in being until 31st July 2004 to ensure the agreed provision for the disabled child is maintained, with the option for earlier dismissal by agreement of the parties. The words allowing for unilateral application for earlier dismissal are to be deleted from the order.

Court Disposition

Proceedings stayed on terms of settlement; proceedings to stand dismissed on 31st July 2004; no order for costs.

Orders

  • Proceedings stayed on the revised terms of settlement set out in the Schedule.
  • Proceedings to stand dismissed on 31st July 2004.