O, R (on the application of) v Wiltshire County Council & Anor

O, R (on the application of) v Wiltshire County Council & Anor

The Tribunal failed to address the provision for hydrotherapy and associated facilities, a material issue for the parents, warranting remission to a fresh Tribunal for determination of that issue.

Parties
Claimant: O; First Defendant: Wiltshire County Council; Second Defendant: Special Educational Needs Tribunal
Jurisdiction
England and Wales
Judgment Date
08 November 2004
Procedural Posture
Judicial Review / Judgment
Outcome
case remitted to fresh Tribunal for determination of hydrotherapy provision; extension of time for service of appeal granted
Legal Topics
Special Educational Needs, Statement Transfer, Tribunal Procedure, Extension of Time
Education Law Administrative Law Special Educational Needs Statement Transfer Tribunal Procedure Extension of Time

Case Brief

Summary, issues, holding and outcome

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Parties

O

Claimant

Wiltshire County Council

First Defendant

Special Educational Needs Tribunal

Second Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 whether the Tribunal properly addressed provision for hydrotherapy and associated facilities in the statement of special educational needs
  2. 2 whether the maintained school named by the Tribunal was appropriate for T
  3. 3 effect of transfer of statement to new local authority

Ratio Decidendi

The Tribunal failed to address the provision for hydrotherapy and associated facilities, a material issue for the parents, warranting remission to a fresh Tribunal for determination of that issue.

Court Disposition

case remitted to fresh Tribunal for determination of hydrotherapy provision; extension of time for service of appeal granted

Orders

  • case remitted to fresh Tribunal for determination of hydrotherapy and associated facilities
  • extension of time for service of notice of appeal to 1st July 2004