Wandsworth London Borough Council, R (on the application of) v The Schools Adjudicator

Wandsworth London Borough Council, R (on the application of) v The Schools Adjudicator

Once the Adjudicator found that Ernest Bevin College's intake was not imbalanced, any interference with its selective admissions was irrational and not capable of correcting the unfairness identified; the decision affecting EBC was therefore flawed and should be quashed.

Parties
Claimant: Wandsworth London Borough Council; Defendant: The Schools Adjudicator
Jurisdiction
England and Wales
Judgment Date
08 December 2003
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application for judicial review granted; decision affecting Ernest Bevin College quashed.
Legal Topics
School Admissions, Partial Selection, Judicial Review, Natural Justice, Statutory Interpretation
Administrative Law Education Law School Admissions Partial Selection Judicial Review Natural Justice Statutory Interpretation

Case Brief

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Parties

Wandsworth London Borough Council

Claimant

The Schools Adjudicator

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Schools Adjudicator's determination to reduce selective admissions at Ernest Bevin College was lawful and rational
  2. 2 Whether the Adjudicator acted within jurisdiction and complied with principles of natural justice
  3. 3 Whether factual errors in the determination rendered the decision flawed

Ratio Decidendi

Once the Adjudicator found that Ernest Bevin College's intake was not imbalanced, any interference with its selective admissions was irrational and not capable of correcting the unfairness identified; the decision affecting EBC was therefore flawed and should be quashed.

Court Disposition

Application for judicial review granted; decision affecting Ernest Bevin College quashed.

Orders

  • Only that part of the Schools Adjudicator's decision affecting Ernest Bevin College is quashed.
  • Time for application extended if necessary.