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

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

The Tribunal was entitled to find that Oliver's special educational needs could be met at St Luke's during school hours with good and regular liaison outside those hours, and was not required to specify provision for programmes of special education throughout the waking day. The Tribunal's decision was reasoned and based on the evidence and statutory framework.

Parties
Claimant: The Queen on the Application of Tottman; Defendant: Hertfordshire County Council
Jurisdiction
England and Wales
Judgment Date
26 June 2003
Procedural Posture
Statutory Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Special Educational Needs, Statutory Duties of Local Authorities, Appeals From Tribunals
Education Law Administrative Law Special Educational Needs Statutory Duties of Local Authorities Appeals From Tribunals

Case Brief

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Parties

The Queen on the Application of Tottman

Claimant

Hertfordshire County Council

Defendant

Procedural Posture

Statutory Appeal / Judgment

Legal Issues

  1. 1 Whether the Tribunal erred in law by failing to specify provision for out-of-school hours during the waking day for a child with special educational needs
  2. 2 Whether the Tribunal was required to provide for programmes of special education throughout the waking day
  3. 3 Whether the Tribunal's decision was unreasoned or failed to consider relevant agreements between parties

Ratio Decidendi

The Tribunal was entitled to find that Oliver's special educational needs could be met at St Luke's during school hours with good and regular liaison outside those hours, and was not required to specify provision for programmes of special education throughout the waking day. The Tribunal's decision was reasoned and based on the evidence and statutory framework.

Court Disposition

appeal dismissed

Orders

  • Permission to appeal refused
  • Costs to be assessed in the normal way