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

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

SENDIST acted within its statutory rules and discretion in refusing to admit late evidence, to adjourn, and to allow amendment of grounds; no error of law occurred.

Parties
Claimant: THE QUEEN ON THE APPLICATION OF R; Defendant: SPECIAL EDUCATIONAL NEEDS AND DISABILITY TRIBUNAL; Interested Party: BOURNEMOUTH BOROUGH COUNCIL
Jurisdiction
England and Wales
Judgment Date
04 March 2008
Procedural Posture
Judicial Review / Final Judgment
Outcome
appeal dismissed
Legal Topics
Special Educational Needs, Procedural Fairness, Tribunal Procedure, Statutory Interpretation
Administrative Law Education Law Special Educational Needs Procedural Fairness Tribunal Procedure Statutory Interpretation

Case Brief

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Parties

THE QUEEN ON THE APPLICATION OF R

Claimant

SPECIAL EDUCATIONAL NEEDS AND DISABILITY TRIBUNAL

Defendant

BOURNEMOUTH BOROUGH COUNCIL

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether SENDIST erred in refusing to admit late evidence and to adjourn the hearing
  2. 2 Whether SENDIST erred in refusing to allow amendment of grounds of appeal to identify a non-approved school

Ratio Decidendi

SENDIST acted within its statutory rules and discretion in refusing to admit late evidence, to adjourn, and to allow amendment of grounds; no error of law occurred.

Court Disposition

appeal dismissed

Orders

  • Order for public funding assessment of appellant's costs
  • No order as to costs against appellant