||All England Reporter
|| All ER (D) 62 (Feb)
||Queen's Bench Division (Administrative Court)
||Azeem Suterwalla (instructed by Ormerods) for the claimant.
||Galina Ward (instructed by Fiona Ledden, Sutton) for the authority.
||6 February 2007
Education - Local education authority - Statutory duty to provide special education - Statement of special educational needs naming one school - Local education authority adding rider to statement stating that the authority did not accept responsibility for cost of transport to school - Claimant appealing against decision - Whether effect of rider that authority failing to meet its statutory obligation to provide transport - , s 509.
On its proper construction, para8.87 of the Code of Practice provided the power for a local education authority to name an appropriate alternative school, if the parents' choice was further away from their home, if it would be compatible with the efficient use of an authority's resources. An authority could not refer, however, merely to the existence of such schools without naming them.
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