O v London Borough of Lewisham & Anor [2007] EWHC 2130 (Admin) (11 September 2007)

O v London Borough of Lewisham & Anor [2007] EWHC 2130 (Admin) (11 September 2007)

The Tribunal erred in law by failing to consider the impact of section 9 of the Education Act 1996, which requires regard to parental wishes and consideration of public expenditure beyond the LEA's budget. 'Public expenditure' includes savings to other public bodies, such as social services. The Tribunal should have considered whether the additional cost of the preferred school, offset by savings in respite care, constituted unreasonable public expenditure. As it is possible the Tribunal might have reached a different decision if properly directed, the decision must be quashed.

Citation
[2007] EWHC 2130 (Admin)
Parties
Appellant: O; 1st Respondent: London Borough of Lewisham; 2nd Respondent: Special Educational Needs And Disability Tribunal
Jurisdiction
England and Wales
Judgment Date
11 September 2007
Procedural Posture
Appeal / Judgment on Appeal From Special Educational Needs and Disability Tribunal
Outcome
Appeal allowed; Tribunal's decision quashed
Legal Topics
Special Educational Needs, Parental Preference in Education, Efficient Use of Resources, Public Expenditure, Statutory Interpretation
Education Law Administrative Law Public Law Special Educational Needs Parental Preference in Education Efficient Use of Resources Public Expenditure Statutory Interpretation

Case Brief

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Parties

O

Appellant

London Borough of Lewisham

1st Respondent

Special Educational Needs And Disability Tribunal

2nd Respondent

Procedural Posture

Appeal / Judgment on Appeal From Special Educational Needs and Disability Tribunal

Legal Issues

  1. 1 Whether the Tribunal erred in law by failing to consider the impact of section 9 of the Education Act 1996 when deciding between two maintained schools for a child with special educational needs
  2. 2 Whether 'public expenditure' in section 9 of the Education Act 1996 is confined to the expenditure of the Local Education Authority or includes savings to other public bodies such as social services

Ratio Decidendi

The Tribunal erred in law by failing to consider the impact of section 9 of the Education Act 1996, which requires regard to parental wishes and consideration of public expenditure beyond the LEA's budget. 'Public expenditure' includes savings to other public bodies, such as social services. The Tribunal should have considered whether the additional cost of the preferred school, offset by savings in respite care, constituted unreasonable public expenditure. As it is possible the Tribunal might have reached a different decision if properly directed, the decision must be quashed.

Court Disposition

Appeal allowed; Tribunal's decision quashed

Orders

  • The decision of the Special Educational Needs and Disability Tribunal is quashed.