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 바카라 사이트śefficient education바카라 사이트ť standard?, what effect the child바카라 사이트™s attendance would have on the standard of those other children바카라 사이트™s education, and, if the effect was to reduce it below the 바카라 사이트śefficient education바카라 사이트ť 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