Richardson v Solihull Metropolitan Borough Council White v Ealing London Borough Council ; Hereford and Worcester County Council v Lane
| Jurisdiction | England & Wales |
| Judgment Date | 01 April 1998 |
| Date | 01 April 1998 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Before Lord Justice Beldam, Lord Justice Peter Gibson and Lord Justice Schiemann
Education - special needs statement - school need not be named
Education - special needs statement - school need not be named
The definition of "special educational provision" in section 324 of the Education Act 1996, while wide enough to include the naming of a particular school, did not by necessary implication include the naming of a particular school in every case of a child with special educational needs. It was also clear from section 319 that an authority could make special educational provision in other ways than in a school.
How far a special educational needs tribunal, which included two members with special educational experience and knowledge, should disclose to a party that it intended to make findings based on that expertise, was a question of law.
Where it concluded that a school could be found in this country for two boys with special educational needs being educated abroad, and that such a school represented the best solution on the basis of the evidence which it had heard, it would have been preferable if the chairman, once the tribunal had decided that neither school proposed by the parties was appropriate, had indicated to the parties that the expert members considered suitable arrangements could be made in this country and had invited submissions as to the course they wished the tribunal to adopt.
Nevertheless it would not be appropriate to remit the matter to the tribunal.
The Court of Appeal so held in
(i) dismissing appeals by Mrs Richardson and Mrs White from the dismisal by Mr Justice Dyson (The Times August 1, 1997) of their appeals from decisions of the Special Educational Needs Tribunal which, on appeal by the appellants, had amended statements of special educational needs issued by the defendant local authorities, in respect of Ben Richardson and Simon and David White; and
(ii) allowing an appeal by Hereford and Worcester County Council from the dismissal by Mr Justice Collins on September 4, 1997, of an appeal by the county council from a decision of the Special Educational Needs Tribunal on March 13, 1997, on appeal by Mrs Lane, which had amended a statement of special educational needs in respect of Karis Lane.
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