BREACH OF STATUTORY DUTY

February 4th, 2025 by James Goudie KC

In R (JSM) v WESTMORLAND AND FURNESS COUNCIL (2024) EWHC 3362 (Admin) the local authority was held to have breached its duty under Section 42 of the Children and Families Act 2014 to provide special educational provision for a young person with complex needs.  A mandatory order was appropriate.  The duty was absolute.  Speed was of the essence. It was not for the Court routinely to decline to grant relief to compel performance on the ground of inadequate resources.  The Court sets out the factors to consider when determining whether to grant a mandatory order.

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