Source: All England Reporter
Publisher Citation: [2007] All ER (D) 62 (Feb)
Court: Queen's Bench Division (Administrative Court)
Judge:

Goldring J

Representation Azeem Suterwalla (instructed by Ormerods) for the claimant.
  Galina Ward (instructed by Fiona Ledden, Sutton) for the authority.
Judgment Dates: 6 February 2007

Catchwords

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.

The Case

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.

If you are a LexisLibrary subscriber you can read more about this case here.