Source: All England Reporter
Publisher Citation: [2012] All ER (D) 152 (Mar)
Neutral Citation: [2012] EWCA Civ 346
Court: Court of Appeal, Civil Division
Judge:

Lord Neuberger MR, Richards and Davis LJJ
Representation Russell Holland (instructed under the Direct Access Scheme) for the claimants.
  Richard McManus QC and Jonathan Auburn (instructed by the Legal Services Department of Dudley Metropolitan Borough) for the defendant.
Judgment Dates: 21 March 2012

Catchwords

Education - Local education authority - Statutory duty to provide special education - Statement of special educational needs naming school of parental preference on condition that parents meet costs of transportation to and from school - Statement also naming other school nearer to child's home that met child's needs - Claimant parents appealing decision - First-tier and Upper Tribunal (Administrative Appeals Chamber) deciding in favour of parents - Whether tribunals having jurisdiction - Whether First-tier Tribunal erring in weighing efficiency factors - , .

The Case

Education Local education authority. The Court of Appeal, Civil Division, in dismissing the defendant local authority's appeal, held that the First-tier Tribunal (Administrative Appeals Chamber) had not erred in accepting jurisdiction to hear the claimants' proceedings, nor had it erred in its approach to the issue where the claimant parents had appealed the authority's statement of special educational needs in relation to its treatment of their preferred school for their son.

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