The Public and Third Sector Law Reports
[2014] PTSR 811
Court of Appeal
Haining
v
Warrington Borough Council
[2014] EWCA Civ 398
2014 March 11,
12;
April 2
Lord Dyson MR, Pitchford, Rafferty LJJ
Education— Local authority’s education functions— Duty to make special educational provision— In child’s statement of special educational needs responsible local authority naming day special school on cost grounds while parents preferring independent residential special school— Local authority providing respite care for child at parent’s preferred school— Meaning of “public expenditure” in comparing cost of placements at each school to be met from public expenditure— Whether comparison to include costs of respite care and other costs or only those met from education budget—
Education Act 1996 (c 56) (as amended by School Standards and Framework Act 1998 (c 31), s 140(1), Sch 30, paras 57, 61, Special Education Needs and Disability Act 2001 (c 10), ss 10, 42(6), Sch 1, paras 4, 5, Sch 9, para 1 and Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (SI 2010/1158), art 5(1), Sch 2, para 7(2)(3)), ss 9, 324, Sch 27, para 3
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