East Renfrewshire District Council v Glasgow City Council [2008] ScotCS CSOH_175 (12 December 2008)

East Renfrewshire District Council v Glasgow City Council [2008] ScotCS CSOH_175 (12 December 2008)

Section 23(2) of the Education (Scotland) Act 1980 entitles an education authority to recover from another authority the costs of providing additional support services to children belonging to the latter's area, even where the children are placed in the former's schools as a result of parental choice and not pursuant to an arrangement under section 23(1A).

Citation
[2008] ScotCS CSOH_175
Parties
Pursuer: East Renfrewshire District Council; Defender: Glasgow City Council
Jurisdiction
Scotland
Judgment Date
12 December 2008
Procedural Posture
Civil / Judgment After Debate on Statutory Interpretation
Outcome
Judgment for pursuers
Legal Topics
Allocation of Costs for Additional Support Needs, Statutory Interpretation, Inter Authority Financial Liability, Parental Choice in School Placement
Education Law Local Government Law Public Law Allocation of Costs for Additional Support Needs Statutory Interpretation Inter Authority Financial Liability Parental Choice in School Placement

Case Brief

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Parties

East Renfrewshire District Council

Pursuer

Glasgow City Council

Defender

Procedural Posture

Civil / Judgment After Debate on Statutory Interpretation

Legal Issues

  1. 1 Whether the defenders (Glasgow City Council) are liable to pay the pursuers (East Renfrewshire District Council) for the cost of providing additional support services to children belonging to the defenders' area but educated in the pursuers' schools as a result of parental placing requests.
  2. 2 Whether section 23(2) of the Education (Scotland) Act 1980 applies only where there is an arrangement between authorities under section 23(1A), or also where children are placed by parental choice.

Ratio Decidendi

Section 23(2) of the Education (Scotland) Act 1980 entitles an education authority to recover from another authority the costs of providing additional support services to children belonging to the latter's area, even where the children are placed in the former's schools as a result of parental choice and not pursuant to an arrangement under section 23(1A).

Court Disposition

Judgment for pursuers

Orders

  • Sustain the first plea-in-law for the pursuers
  • Repel the pleas-in-law for the defenders