Guild (AP), Re Application For Judicial Review [2001] ScotCS 295 (19 December 2001)

Guild (AP), Re Application For Judicial Review [2001] ScotCS 295 (19 December 2001)

The petitioner has no statutory right of appeal against the measures and place of education (Parts V and VI of the Record of Needs) under the Education Act 1980. Judicial review is competent in these circumstances, and it would be an abuse of process to require an appeal against Part IV solely to challenge Parts V or VI.

Citation
[2001] ScotCS 295
Parties
Petitioner: Jack James Guild (Assisted Person), by his legal representatives Scott Guild and Jill Guild; Respondents: The City of Edinburgh Council
Jurisdiction
Scotland
Judgment Date
19 December 2001
Procedural Posture
Judicial Review / First Hearing; Preliminary Issues and Procedural Orders
Outcome
No order for further procedure in hoc statu; declaratory finding made as sought by petitioner regarding absence of statutory right of appeal; further procedure deferred pending completion of ongoing review.
Legal Topics
Special Educational Needs, Statutory Appeals, Education at Home, Record of Needs, Procedural Competency
Education Law Administrative Law Judicial Review Special Educational Needs Statutory Appeals Education at Home Record of Needs Procedural Competency

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Parties

Jack James Guild (Assisted Person), by his legal representatives Scott Guild and Jill Guild

Petitioner

The City of Edinburgh Council

Respondents

Procedural Posture

Judicial Review / First Hearing; Preliminary Issues and Procedural Orders

Legal Issues

  1. 1 Whether the petitioner has a statutory right of appeal regarding the measures and place of education proposed by the education authority (Parts V and VI of the Record of Needs)
  2. 2 Whether judicial review is competent in the absence of a statutory right of appeal

Ratio Decidendi

The petitioner has no statutory right of appeal against the measures and place of education (Parts V and VI of the Record of Needs) under the Education Act 1980. Judicial review is competent in these circumstances, and it would be an abuse of process to require an appeal against Part IV solely to challenge Parts V or VI.

Court Disposition

No order for further procedure in hoc statu; declaratory finding made as sought by petitioner regarding absence of statutory right of appeal; further procedure deferred pending completion of ongoing review.

Orders

  • Declaratory finding that the petitioner's parents have no statutory right of appeal in respect of the respondents' refusal to provide education for the petitioner at home.
  • No order for further procedure pending completion of the respondents' review under Section 65A of the Act.