Source: All England Reporter
Publisher Citation: [2009] All ER (D) 44 (Sep)
Neutral Citation: [2009] EWHC 1091 (QB)
Court: Queen's Bench Division
Judge:

Plender J
Representation Oliver Hyams (instructed by Amanda Ball, Head of Legal Services) for the local authority.
  The first defendant did not appear and was not represented.
  John Friel (instructed by SEN Legal, Suffolk) for the second and third defendants.
Judgment Dates: 22 May 2009

Catchwords

Education - Local education authority - Regard to wishes of parents - Second and third defendants' daughter born with cerebral palsy - Local authority maintaining child's statement of educational needs - Second and third defendants considering child's welfare best advanced by placement at independent non-maintained school with specialised training - Local authority wanting child to attend another school - Tribunal finding difference in cost between two schools not overly significant - Specialised training school offering lower payment of fees in light of second and third defendants' past services to school - Local authority appealing against decision -  s 9.

The Case

Education Local education authority. Queen's Bench Division: The court dismissed an appeal against the decision of the Special Needs Tribunal in which it held that a school's offer for the fee payable by the local authority for a child with cerebral palsy to study, had not been a joint funding arrangement.

Practice Areas

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