Source: All England Reporter
Publisher Citation: [2002] All ER (D) 420 (Mar)
Court: Administrative Court

Newman J

Representation David Wolfe (instructed by Levenes) for the claimant.
  Timothy Mould (instructed by the Treasury Solicitor) for the defendant.
Judgment Dates: 26 March 2002


Education - Local education authority - Statutory duty to provide special education - Secretary of State issuing non-statutory guidance - Claimant seeking leave to move for judicial review of guidance - Whether guidance giving rise to erroneous view of law.

The Case

A local education authority was entitled to have regard to the Special Educational Needs Toolkit issued by the Secretary of State for Education and Schools provided it took the practical guidance issued in that document in conjunction with the Code of Practice and ensured that it did not take precedence over the provisions of the the Special Educational Needs Regulations 1994 and the Code of Practice.

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