C & Anor v Buckinghamshire County Council & Anor [1998] EWHC Admin 572 (20 May 1998)

C & Anor v Buckinghamshire County Council & Anor [1998] EWHC Admin 572 (20 May 1998)

Section 9 of the Education Act 1996 applies to the Tribunal's consideration of parental preference even where Schedule 27, paragraph 3 does not apply, but only requires that parental wishes be considered, not given effect. The Tribunal erred in law by treating parental preference as limited to maintained or grant-maintained schools, but this error made no difference to the outcome because the Tribunal found Wye Valley School was appropriate to meet the child's needs and parental preference was not determinative.

Citation
[1998] EWHC Admin 572
Parties
Appellant: MC; Appellant: AC; First Respondent: Buckinghamshire County Council; Second Respondent: The Special Educational Needs Tribunal
Jurisdiction
England and Wales
Judgment Date
20 May 1998
Procedural Posture
Statutory Appeal / High Court Appeal Under the Tribunals and Inquiries Act 1992 From a Decision of the Special Educational Needs Tribunal
Outcome
Appeal dismissed
Legal Topics
Special Educational Needs, Parental Preference in Education, Statutory Interpretation, Judicial Review, Education Act 1996
Education Law Administrative Law Public Law Special Educational Needs Parental Preference in Education Statutory Interpretation Judicial Review Education Act 1996

Case Brief

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Parties

MC

Appellant

AC

Appellant

Buckinghamshire County Council

First Respondent

The Special Educational Needs Tribunal

Second Respondent

Procedural Posture

Statutory Appeal / High Court Appeal Under the Tribunals and Inquiries Act 1992 From a Decision of the Special Educational Needs Tribunal

Legal Issues

  1. 1 Whether the Special Educational Needs Tribunal was obliged by section 9 of the Education Act 1996 to have regard to parental choice when considering the naming of a school in a statement of special educational needs, particularly where the parental preference is for an independent school and Schedule 27, paragraph 3 does not apply.
  2. 2 Whether the Tribunal erred in law by treating parental preference as limited only to maintained, grant-maintained, or grant-maintained special schools under Schedule 27, paragraph 3.

Ratio Decidendi

Section 9 of the Education Act 1996 applies to the Tribunal's consideration of parental preference even where Schedule 27, paragraph 3 does not apply, but only requires that parental wishes be considered, not given effect. The Tribunal erred in law by treating parental preference as limited to maintained or grant-maintained schools, but this error made no difference to the outcome because the Tribunal found Wye Valley School was appropriate to meet the child's needs and parental preference was not determinative.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs
  • Leave to appeal refused at first instance; application to be made to the Court of Appeal