B, R (on the application of) v Hertfordshire County Council

B, R (on the application of) v Hertfordshire County Council

Section 96(1) is only engaged if a child has been refused admission to or permanently excluded from every school within a reasonable distance that provides suitable education. Since B was offered a place at another suitable school, the local authority had no power to direct his admission to the X school, and the question of fettering discretion does not arise.

Parties
Claimant: R (on the application of B); Defendant: Hertfordshire County Council
Jurisdiction
England and Wales
Judgment Date
20 October 2004
Procedural Posture
Judicial Review / Renewed Application for Permission to Apply for Judicial Review
Outcome
Application for permission to apply for judicial review dismissed
Legal Topics
Statutory Interpretation, Discretion of Local Authorities, School Admissions, Judicial Review Procedure
Education Law Administrative Law Statutory Interpretation Discretion of Local Authorities School Admissions Judicial Review Procedure

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Parties

R (on the application of B)

Claimant

Hertfordshire County Council

Defendant

Procedural Posture

Judicial Review / Renewed Application for Permission to Apply for Judicial Review

Legal Issues

  1. 1 Whether section 96 of the School Standards and Framework Act 1998 was engaged in the circumstances
  2. 2 Whether the local authority unlawfully fettered its discretion under section 96

Ratio Decidendi

Section 96(1) is only engaged if a child has been refused admission to or permanently excluded from every school within a reasonable distance that provides suitable education. Since B was offered a place at another suitable school, the local authority had no power to direct his admission to the X school, and the question of fettering discretion does not arise.

Court Disposition

Application for permission to apply for judicial review dismissed