THE KING (ON THE APPLICATION OF SWALCLIFFE PARK SCHOOL) v WOKINGHAM BOROUGH COUNCIL
[2023] EWHC 1451 (Admin)
RJ, R (on the application of) v Devon County Council
2 March 2023
[2023] EWHC 961 (Admin)
High Court
A council wasn't properly educating a child with autism. A judge said the council was wrong but didn't force them to use a specific school the family wanted because it might make it harder for the child to go to his new school afterwards. The judge did order the council to provide extra help for the child.
Key Facts
- •RJ, an 11-year-old with autism and other conditions, was not receiving suitable education.
- •Devon County Council (DCC) was failing to meet its statutory duties under sections 19 of the Education Act 1996 and section 42 of the Children and Families Act 2014.
- •RJ had previously attended Tubers Academy (focus on video production) part-time, alongside mainstream school.
- •DCC placed RJ at Marland Primary School, but this was unsuccessful; an appeal to the Special Educational Needs and Disability Tribunal (Tribunal) resulted in a recommendation for a nurturing specialist school.
- •DCC identified On Track school as suitable, but RJ was reluctant to attend.
- •Interim provision included Inspire South West support (4 hours/week).
Legal Principles
Duty to provide suitable education
Section 19, Education Act 1996
Duty to secure special educational provision in EHCP
Section 42, Children and Families Act 2014
Test for mandatory order: 'sole justifiable response'
R (on the application of Raja) v London Borough of Redbridge [2020] EWHC 1456 (Admin)
Outcomes
Judicial review application allowed.
DCC was found to be in breach of its statutory duties under section 19 of the 1996 Act and section 42 of the 2014 Act.
Mandatory order for DCC to arrange occupational and speech and language therapy within 14 days.
Agreed by the parties.
Mandatory order for interim placement at Tubers Academy refused.
Court found that this was not the sole justifiable response, due to the risk of further hindering RJ's transition to a specialist school. The court considered the evidence suggesting that reinstating Tubers Academy could worsen RJ's reluctance to attend On Track.
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