Sim, Re Judicial Review [2006] ScotCS CSOH_144 (13 September 2006)

Sim, Re Judicial Review [2006] ScotCS CSOH_144 (13 September 2006)

The education authority is required under section 30(4) of the 2004 Act to continue providing transport for Joshua to and from his secondary school, as this was part of the provision for his special educational needs under the 1980 Act, and the obligation persists until a new assessment is made under the 2004 Act.

Citation
[2006] ScotCS CSOH_144
Parties
Petitioner: Johanne Sim; Respondents: Argyll & Bute Council
Jurisdiction
Scotland
Judgment Date
13 September 2006
Procedural Posture
Judicial Review / First Hearing, Interlocutor Pronounced
Outcome
Petition granted in part
Legal Topics
Special Educational Needs, Provision of Transport, Statutory Duties of Education Authorities, Transitional Provisions Under Education (additional Support Learning) (scotland) Act 2004
Education Law Administrative Law Disability Law Special Educational Needs Provision of Transport Statutory Duties of Education Authorities Transitional Provisions Under Education (additional Support Learning) (scotland) Act 2004

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Parties

Johanne Sim

Petitioner

Argyll & Bute Council

Respondents

Procedural Posture

Judicial Review / First Hearing, Interlocutor Pronounced

Legal Issues

  1. 1 Whether the education authority is under a statutory duty to provide transport for a child with special educational needs transitioning from primary to secondary school under the transitional provisions of the Education (Additional Support Learning) (Scotland) Act 2004.

Ratio Decidendi

The education authority is required under section 30(4) of the 2004 Act to continue providing transport for Joshua to and from his secondary school, as this was part of the provision for his special educational needs under the 1980 Act, and the obligation persists until a new assessment is made under the 2004 Act.

Court Disposition

Petition granted in part

Orders

  • Reduction of the refusal by Argyll & Bute Council to provide Joshua with transport to and from Tarbert Academy.
  • Declaration that the respondents are failing to comply with their duty to provide Joshua with transport to and from Tarbert Academy in terms of section 30(4) of the Education (Additional Support Learning) (Scotland) Act 2004.