BC, R (on the application of) v North Yorkshire County Council & Anor
The defendant acted lawfully and reasonably in using the 'school year' (September to August) for admissions, as required by primary legislation. The claimant had no legitimate expectation that 'academic year' would be used, and there was no unlawfulness or irrationality in the defendant's arrangements.
Source-derived case information.
- Parties
- Claimant: BC; Defendant: North Yorkshire County Council; Interested Party: Department of Education
- Jurisdiction
- England and Wales
- Judgment Date
- 14 August 2014
- Procedural Posture
- Judicial Review / Rolled Up Hearing (permission and Substantive Determination)
- Outcome
- Application refused
- Legal Topics
- School Admissions, Chronological Age Group, Interpretation of Statutory Terms, Legitimate Expectation
Source-derived case record
Summary, issues, holding and outcome
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Parties
BC
Claimant
North Yorkshire County Council
Defendant
Department of Education
Interested Party
Procedural Posture
Judicial Review / Rolled Up Hearing (permission and Substantive Determination)
Legal Issues
- 1 Whether the defendant's use of 'school year' rather than 'academic year' for admissions is lawful
- 2 Whether the claimant had a legitimate expectation that 'academic year' would be used
- 3 Whether the defendant's decision was unreasonable or irrational
Ratio Decidendi
The defendant acted lawfully and reasonably in using the 'school year' (September to August) for admissions, as required by primary legislation. The claimant had no legitimate expectation that 'academic year' would be used, and there was no unlawfulness or irrationality in the defendant's arrangements.
Court Disposition
Application refused
Orders
- Permission to apply for judicial review granted
- Substantive claim refused
Full Case Text
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