R vs Surrey County Council Education Committee ex parte H (1983)

In this case, the High Court ruled:

“There is no question of Parliament having placed the local education authority under an obligation to provide a child with the best possible education ... or to educate him or her to his or her maximum potential.”

This is an important judgement to bear in mind if you are arguing for a place in a specialist independent school for your child. You must not rest your case on proving how good the school is or how well it will meet your child’s needs. Both the LEA and the Tribunal may agree with you that the independent school is the best possible option for your child, but they may still decide that one of the LEA’s school can meet his needs.

So, your task is to present as much evidence as you can which shows that the school the LEA is offering, or any other school it could offer, cannot meet your child’s needs as these are described in the statement. It helps if you have a full and detailed part 2.

Your task is to present as much evidence as you can which shows that the school the LEA is offering, or any other school it could offer, cannot meet your child’s needs as described in the statement.

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