Mulla v Hackney Learning Trust

Education – Local education authority. The appellant mother had sought to change the special school specified by the respondent local authority in her son's statement of special educational needs. Her appeals had been dismissed by both the First-tier Tribunal (Special Educational Needs and Disability) and the Upper Tribunal (Administrative Appeals Chamber). The Court of Appeal, Civil Division, allowed her appeal and held that s 9 of the Education Act 1996 had been engaged by virtue of s 324(4)(b) of the same Act where, in principle, it was difficult to see why there should be a difference with regard to the applicability of s 324(4), and therefore also of s 9, between para 3 of Sch 27 to the Act and para 8 of Sch 27.

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