Source: All England Reporter
Publisher Citation: [2001] All ER (D) 262 (Dec)
Court: Court of Appeal, Civil Division

Simon Brown, Waller and Sedley LJJ

Representation John Friel (instructed by Blackwell Partnership, Harrow) for the parents.
  Richard McManus QC (instructed by Elaine McEachron, Harrow) for the authority.
Judgment Dates: 18 December 2001


Education - Special educational needs - Educational provision - Local educational authority refusing to issue statement but issuing notice in lieu - Parents appealing to special education needs tribunal - Tribunal remitting matter to authority - Authority amending notice in lieu of statement issued at first instance - Parents appealing against that decision - Whether tribunal having jurisdiction to hear appeal against amended notice - Education Act 1966, ss 323, 325 - Educational (Special Educational Needs) Regulations 1994, reg 36.

The Case

Where a special educational needs tribunal remitted a case for reconsideration by a local education authority under s325(3)(a) of the and the authority decided not to make a statement of needs, a further right of appeal to the tribunal arose under that section. There was nothing in the language nor the structure of s325 to shut out the apparent right of appeal merely because an intervening appeal resulted in remission requiring a fresh decision.

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