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A zero sum game?

The number of SEND tribunal cases is rising and the proportion of appeals ‘lost’ by local authorities is at a record high. Lottie Winson talks to education lawyers to understand the reasons why, and sets out the results of Local Government Lawyer’s exclusive survey.

Welsh council defeats judicial review challenge over school closures

Torfaen County Borough Council has defeated an attempt to take it to judicial review over school closures.

Parents had objected to plans to shut Abersychan Brynteg and Victoria schools.

Leave to bring a judicial review of Torfaen cabinet’s February decision on closure was refused on the basis of written submissions but the claimant exercised the right to apply for an oral court hearing, a July cabinet report said.

The report said Torfaen had to reduce surplus schools capacity under the Welsh Government’s 21st Century Schools Programme and the schools should close from September 2017.

Mr Justice Lewis rejected the latest application for judicial review over alleged deficiencies in the consultation, saying the council had made errors but a further exercise would have drawn the same responses.

A Torfaen spokesman said: “The council has approved a decision in principle to close Victoria Primary as part of its borough wide 21st Century Schools programme. This remains its decision pending the outcome of all legal proceedings.”

Mark Smulian