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Blanket Policies

(7 Posts)
MyAngelChuckles Sun 04-Nov-12 20:42:15

I have heard that the LEA using these (eg, saying they don't quantify as they leave it to the schools to decide how the money and time is spent) is illegal, can some one point me to where it states this so I can go in fully armed when the ppl I am meeting start slinging this about. TIA smile

inappropriatelyemployed Sun 04-Nov-12 20:55:40

Yes, indeed. Can you believe I have actually just written a document for a national advice charity this weekend on judicial review?

One ground for judicially reviewing a public body's decision is that it acts unlawfully in its decision-making.

Blanket policies are unlawful because they 'fetter discretion'. Port of London Authority ex p Kynoch Ltd [1919] 1 KB 176.

This means that when a public body has been given the power to make a decision, it cannot adopt what is known as a ‘blanket policy’ and decide that it is going to apply this power in a particular way irrespective of individual circumstances. It must look always consider the facts of the individual case.

Put simply: “When Parliament confers a discretionary power exercisable from time to time over a period, such a power must be exercised on each occasion in the light of the circumstances at that time”. R v Secretary of State for the Home Dept ex p Venables [1998] AC 407.

The courts have confirmed time and time again that “[t]he general rule is that anyone who has to exercise a statutory discretion must not “shut his ears to an application”British Oxygen v Board of Trade [1971] A.C.610 at [625D].

Hope that helps!!

MyAngelChuckles Mon 05-Nov-12 01:52:18

Thankyou for replying inappropriately, I googled your references, took me some time (hence the late reply smile), but I think I've found the relevent quotes which should help me some when they inevitably start telling me, 'but the LEA doesn't specify 1 to 1 hours, thats what the matrix lvl is for' or 'the LEA doesn't quantify how often provision is to be provided, thats up to the school to decide' sad

inappropriatelyemployed Mon 05-Nov-12 07:03:43

In case it helps, referring to the cases themselves is enough. This is very well-established case law.

alison222 Mon 05-Nov-12 09:29:52

If you are talking about an SEN then try

this advice from IPSEA
If you scroll down to the bottom it gives you the links to the Education act and to court cases which say provision bus be specified and quantified.
HTH.

TheTimeTravellersWife Mon 05-Nov-12 09:38:00

Thank you from me too - that's very helpful!

I knew that they were unlawful, but didn't know the case law to quote at them!

MyAngelChuckles Mon 05-Nov-12 10:55:54

Thankyou inappropriately, I will just take the references in, I did find them interesting to read though as then I know why I'm referring to those cases rather than just reeling them out, iyswim.

Thankyou aswell Alison222, thats very helpful also

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