L, M and P v Devon County Council

L, M and P v Devon County Council

The High Court judge erred in principle by applying the wrong test and failing to exercise discretion to decide the statutory construction issue, which was of public importance, likely to recur, and fully argued by the parties; the Court of Appeal allowed the appeal and remitted the construction issue to the...

Source-derived case information.

Parties
Appellant: L (by her litigation friend N); Appellant: M (by her litigation friend O); Appellant: P (by his litigation friend Q); Respondent: Devon County Council
Jurisdiction
England and Wales
Judgment Date
16 March 2021
Procedural Posture
Judicial Review / Appeal From High Court to Court of Appeal
Outcome
appeal allowed
Legal Topics
Judicial Review, Academic Claims, Statutory Construction, Education Health and Care Plans (ehc Plans), Discretion to Hear Academic Claims
Public Law Education Law Administrative Law Judicial Review Academic Claims Statutory Construction Education Health and Care Plans (ehc Plans) Discretion to Hear Academic Claims

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Summary, issues, holding and outcome

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Parties

L (by her litigation friend N)

Appellant

M (by her litigation friend O)

Appellant

P (by his litigation friend Q)

Appellant

Devon County Council

Respondent

Procedural Posture

Judicial Review / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the High Court judge erred in refusing to decide a statutory construction issue on the basis that the claims were academic
  2. 2 Whether the discretion to hear academic claims was properly exercised
  3. 3 Whether the claims were in fact academic

Ratio Decidendi

The High Court judge erred in principle by applying the wrong test and failing to exercise discretion to decide the statutory construction issue, which was of public importance, likely to recur, and fully argued by the parties; the Court of Appeal allowed the appeal and remitted the construction issue to the Administrative Court.

Court Disposition

appeal allowed

Orders

  • The appeal is allowed.
  • The statutory construction issue is remitted to the Administrative Court.