OO and BO v London Borough Bexley: [2023] UKUT 223 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Citron on 2 August 2023.
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Judicial Summary
Children and Families Act 2014 section 39 - request by parents for particular school - local authority found that the attendance of the child at the school requested by the parents would be incompatible with the provision of efficient education for others (s39(4)(b)(i)) - FTT agreed - Held: the test in s39(4)(b)(i) is a sophisticated one, requiring a degree of precision and/or detail as to which children would be affected?, was the standard of their education currently at, or above, the “efficient education” standard?, what effect the child’s attendance would have on the standard of those other children’s education, and, if the effect was to reduce it below the “efficient education” standard, was that inevitable? - here, there were insufficient findings of fact and/or reasons given to explain the basis on which the test had been satisfied - appeal allowed and case remitted to the FTT for reconsideration