Source: All England Reporter
Publisher Citation: [2002] All ER (D) 285 (Mar)
Court: Administrative Court
Judge:

Judge Wilkie sitting as a deputy judge of the High Court

Representation John Friel (instructed by Sinclairs, Penarth) for the claimant.
  Gareth Walters (instructed by Stephanie King-Davies) for the authority.
Judgment Dates: 19 March 2002

Catchwords

Education - Regard to wishes of parents - Duty to educate pupils in accordance with parents' wishes - Child seeking admission to school outside of normal year for admission - Whether prejudice to provision of efficient education or efficient use of resources capable of disapplying duty to comply with parental preference in such circumstances - ss 86(2), 86(3)(a), 86(5).

The Case

On its true construction, s86(5) of the did not preclude a governing body of a maintained school from refusing, on the grounds of prejudice to the provision of efficient education or the efficient use of resources, an application to admit a pupil whose parents had expressed preference for the school, where the application was by a single child not in the normal year for admission.

Practice Areas

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