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R (M) v Sutton London Borough Council

DATE: 01 Jan 2007

Solicitor: Meera Leavey, Opponent: Ian Wise, Doughty Street.

Successful appeal to the Court of Appeal that established that a local education authority that complied with a parent's preference for an out of borough school, whilst making it clear on the face of the child's Statement of Special Educational Needs that it believed other, closer, schools could meet the child's needs, was not obliged to provide transport to the out of borough school.  The claimant had argued that this was the case unless the LEA specified a particular closer school, which would involve going through a cumbersome statutory process and keeping open a place that may never be used.  The decision therefore makes it easier for LEAs to comply with parental preference.

I understand that there has been application by the claimant for funding to apply for permission to appeal to the House of Lords, but have not heard whether this has been determined.