T & Anor, R (on the application of) v Beverley Lang & Anor [2005] EWHC 1869 (Admin) (28 July 2005)

T & Anor, R (on the application of) v Beverley Lang & Anor [2005] EWHC 1869 (Admin) (28 July 2005)

The Tribunal was entitled to conclude that ABA support should cease in September 2005, balancing educational and social advantages of full-time school attendance against continued ABA provision. Its reasoning was sufficient and not irrational, and no procedural unfairness occurred as the expertise applied was to issues debated during proceedings.

Citation
[2005] EWHC 1869 (Admin)
Parties
Appellant: T; Appellant: A; Respondent: Beverley Lang; Respondent: London Borough of Wandsworth
Jurisdiction
England and Wales
Judgment Date
28 July 2005
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Special Educational Needs, ABA Programme Funding, Procedural Fairness, Statement of Special Educational Needs
Education Law Administrative Law Disability Law Special Educational Needs ABA Programme Funding Procedural Fairness Statement of Special Educational Needs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

T

Appellant

A

Appellant

Beverley Lang

Respondent

London Borough of Wandsworth

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Tribunal's decision to limit ABA programme funding to September 2005 was irrational
  2. 2 Whether the Tribunal failed to provide adequate reasons for its conclusion
  3. 3 Whether procedural unfairness occurred due to reliance on Tribunal expertise

Ratio Decidendi

The Tribunal was entitled to conclude that ABA support should cease in September 2005, balancing educational and social advantages of full-time school attendance against continued ABA provision. Its reasoning was sufficient and not irrational, and no procedural unfairness occurred as the expertise applied was to issues debated during proceedings.

Court Disposition

appeal dismissed

Orders

  • Appellants to pay respondents' costs, not to be enforced without further order of the court.
  • Order for detailed assessment of appellants' costs pursuant to the Legal Aid Act.