In the High Court of Justice
King’s Bench Division
29 September 2023
Roger ter Haar KC, sitting as a Deputy High Court Judge
The King on the application of
Oxfordshire County Council
Mr and MRS S (Parents of CS, an infant) (Interested parties)
On an application by the Claimant for permission to apply for Judicial Review
Following consideration of the documents lodged by the Claimant the Acknowledgement of Service filed by the Defendant and an email from the Defendant and an email from the Defendant dated 7 August 2023.
ORDER by Roger ter Haar KC, sitting as a Deputy High Court Judge
1. There will be an order for anonymity in the terms set out at pages 50 a51 of the Claimant’s permission bundle.
2. Within 14 days the Claimant will inform the Court as to its reasons for pursuing the application for permission to apply for judicial review.
3. Within 14 days the Defendant will inform the Court as to its reasons for maintaining an EHCP naming the Claimant’s school.
4. The papers will thereafter be placed before a judge for further consideration.
- A rather unsatisfactory situation has developed.
- The parents of CS no longer wish CS to go to that school.
- It does not appear that the Defendant intends that CS should go to that school.
- On one view the issue raised in this claim might be regarded as academic.
- On the other hand, it is to be assumed that the Defendant has some reason for maintaining the EHCP in its present form, although it is unclear what that reason is.
- Accordingly I have made to orders above in the hope that clarity may emerge.