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Education Law, Laws & Special Education Law Cases
Below are recent education law, laws & special education law cases from our CaseCheck archive. To view the full archive of case law, visit our Court Cases page. To search the full database please register with CaseCheck for free today.
Appeal under section 21 of the Education (Additional Support for Learning) (Scotland) Act 2004 by City of Edinburgh Council v. Mrs MDN [2011] CSIH 13
- The respondent was the mother of a child of ten years age, who suffered from autism spectrum disorder, as a result of which he had considerable difficulty in the areas of social communication and interaction, and had marked sensory sensitivity. The appellant was the local education authority responsible...
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A (Appellant) v Essex County Council (Respondent), [2010] UKSC 33
- This appeal case centred around whether a local education authority has a minimum legal obligation to provide all children with an effective education, taking account of their special needs and regardless of the demands that this has on resources.A’s case raised the following important issue of principle....
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In the matter of an application by 'JR17' for Judicial Review (Northern Ireland), [2010] UKSC 27
- This is an appeal from the Court of Appeal of Northern Ireland. The issue is whether a pupil was unlawfully suspended from his school in County Antrim. The appellant brought proceedings for judicial review, contending that his suspension was unlawful and denied him the right to education guaranteed by...
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Slough Borough Council v Special Educational Needs and Disability Tribunal & Ors [2009] EWHC 1091 (QB) (08 September 2009)
- Parental Wishes – Funding Arrangements - Section 9 and Section 348(2) of the Education Act 1996...
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N, R (on the application of) v London Borough of Barking & Dagenham Independent Appeal Panel [2009] EWCA Civ 108 (24 February 2009)
- The issue was whether the phrase in s28B of Disability Discrimination Act 1995 Act that a body “discriminates against a disabled person if…for a reason which relates to his disability, it treats him less favourably than it treats or would treat others to whom that reason does not or would not apply…” was...
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H v Tomlinson [2008] EWCA Civ 1258 (13 November 2008)
- A 12 year old boy with Asperger’s Syndrome began proceedings for libel and slander after his school’s headmaster had wrongly claimed that the police had arrested the boy at his father’s house for violent and dangerous behaviour. The claim was included in a written report prepared by the head as part...
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D v Bedfordshire County Council & Anor [2008] EWHC 2664 (Admin) (04 November 2008)
- School Transport...
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London Borough of Lewisham v Malcolm [2008] UKHL 43 (25 June 2008)
- The decision in this case calls into question the correctness of the reasoning in Novacold on the proper approach to the statutory comparator in cases of disability discrimination. In the education context the decision is likely to have significant implications for parents bringing claims of disability...
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Ll & Anor v London Borough of Merton [2008] EWHC 1628 (Admin) (12 June 2008)
- In two recent reported decisions parents have sought unsuccessfully to compel their local authority to place their child in residential schools for care reasons as well as educational considerations.In R (H) v London Borough of Barnet [2008] EWHC 1294 (Admin) a mother, who had health needs of her own,...
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MG, R (on the application of) v Equality and Human Rights Commission [2008] EWHC 1577 (Admin) (14 May 2008)
- This case raised the question whether a local authority is entitled to refuse to comply with a direction of SENDIST on the basis that it considered that to do so would be adverse to the welfare of the child. The appeal also revisited the issue of the rights of appeal to SENDIST of the natural parents...
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