2013 09 Education

WH v Warrington Borough Council (SEN) [2013] UKUT 391 (Judge David Williams): The Upper Tribual considered the proper interpretation of section 9 of the Education Act 1996 in terms of what factors are to be included in calculations performed for the purposes of quantifying what amounts to 'unreasonable public expenditure.' It was held that the provison should be narrowly construed with focus solely on the evidenced costs to the local authority's education budget and no reference to respite or other non-educational costs which might also be at public expense but funded from a different budget. This case distinguished O v Lewisham LBC [2007] EWHC 2130 (Admin). Click here for judgment.