J, R (on the application of) v Special Educational Needs & Disability Tribunal & Anor

J, R (on the application of) v Special Educational Needs & Disability Tribunal & Anor

There was sufficient evidence before the Tribunal to entitle it to conclude that Salusbury School could make the required provision for W's special educational needs without the ABA programme, and the Tribunal's decision was not Wednesbury unreasonable or perverse.

Parties
Claimant: J (on behalf of W); Defendant: Special Educational Needs and Disability Tribunal; Defendant: London Borough of Brent
Jurisdiction
England and Wales
Judgment Date
08 December 2005
Procedural Posture
Statutory Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Special Educational Needs, Disability Discrimination, Statutory Appeals, Tribunal Procedure
Education Law Administrative Law Special Educational Needs Disability Discrimination Statutory Appeals Tribunal Procedure

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Parties

J (on behalf of W)

Claimant

Special Educational Needs and Disability Tribunal

Defendant

London Borough of Brent

Defendant

Procedural Posture

Statutory Appeal / Judgment

Legal Issues

  1. 1 Whether the Tribunal erred in law by naming Salusbury School as appropriate for W without sufficient evidence that it could meet his special educational needs absent an ABA programme
  2. 2 Whether the Tribunal's decision was Wednesbury unreasonable

Ratio Decidendi

There was sufficient evidence before the Tribunal to entitle it to conclude that Salusbury School could make the required provision for W's special educational needs without the ABA programme, and the Tribunal's decision was not Wednesbury unreasonable or perverse.

Court Disposition

Appeal dismissed