Crane vs Lancashire County Council (1997)

The parents in this case appealed to the High Court when they lost a Tribunal appeal to have their child placed in a mainstream school. The judge dismissed the appeal but, in a comment on the issue of efficient use of resources, set out how LEAs and Tribunals must address this issue in future.

In summary, the judge ruled that a two-stage process was required in reaching a decision. First, an LEA or Tribunal must establish whether one alternative was in fact more expensive than another was. Then, if so, they must make the decision as to whether the additional expenditure involved in meeting the parent’s preference was justified:

“... one has to look at the figures, decide whether there is an additional cost, and then do a balancing exercise weighing the additional cost against the parents’ preference ... it is partly a factual exercise and partly a balancing exercise.”