Glasgow School Board v. Allan [1912] ScotLR 229 (10 December 1912)

Glasgow School Board v. Allan [1912] ScotLR 229 (10 December 1912)

The Court held that the statutory language of 'medical examination and supervision' in section 4 of the Education (Scotland) Act 1908 does not include the provision or funding of medical or dental treatment. The power to provide treatment is not conferred by the Act, and any expenditure for such treatment from the school fund is ultra vires the School Board.

Citation
[1912] ScotLR 229
Parties
First Party: Glasgow School Board; Second Party: Miss E. S. Allan
Jurisdiction
Scotland
Judgment Date
10 December 1912
Procedural Posture
Special Case / Court of Session Inner House First Division, Final Judgment
Outcome
All questions of law answered in the negative; School Board not entitled to provide or pay for medical or dental treatment from the school fund.
Legal Topics
Powers of School Boards, Medical Examination of Pupils, School Funding, Statutory Interpretation
Education Law Administrative Law Local Government Law Powers of School Boards Medical Examination of Pupils School Funding Statutory Interpretation

Case Brief

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Parties

Glasgow School Board

First Party

Miss E. S. Allan

Second Party

Procedural Posture

Special Case / Court of Session Inner House First Division, Final Judgment

Legal Issues

  1. 1 Whether a school board is entitled to provide and pay out of the school fund for medical or dental treatment of pupils under the Education (Scotland) Act 1908, sections 4, 6, and 17(6)

Ratio Decidendi

The Court held that the statutory language of 'medical examination and supervision' in section 4 of the Education (Scotland) Act 1908 does not include the provision or funding of medical or dental treatment. The power to provide treatment is not conferred by the Act, and any expenditure for such treatment from the school fund is ultra vires the School Board.

Court Disposition

All questions of law answered in the negative; School Board not entitled to provide or pay for medical or dental treatment from the school fund.

Orders

  • All questions of law posed in the Special Case are answered in the negative.