HC Deb 24 June 1996 vol 280 cc7-8W
Ms Hodge

To ask the Secretary of State for Education and Employment how many decisions by her Department were challenged by way of judicial review in each Session since 1991–92; and if she will list in how many cases(a) the Department's decision was upheld by the court, (b) the court found for the applicant, (c) the Department submitted to the judgment and (d) the Department appealed successfully against the judicial review decision. [33567]

Mr. Robin Squire

[holding answer 19 June 1996]: The following cases are those in which the decisions by the Department for Education and Employment, and former Departments in the exercise of the functions of the current Deaprtment for Education and Employment, were challenged by way of judicial review since April 1992.

  1. (a) The decision of the relevant Department was upheld by the Court in the following 11 cases:
    1. 1. R v. Secretary of State for Education Ex parte London Borough of Lewisham
      • 4 December 1992
    2. 2. R v. Secretary of State for Education Ex parte London Borough of Southwark
      • 24 January 1993
    3. 3. R v. Secretary of State for Education and the Governing Body of the Queen Elizabeth Grammar School Ex parte Cumbria County Council
      • 2 July 1993
    4. 4. R v. Northampton Education Department and Secretary of State for Education Ex parte Kingsbury
      • 1st instance (decision upheld) 14 July 1993
      • Court of Appeal (appeal dismissed) 23 July 1993
    5. 5. R v. Secretary of State for Eduation Ex parte G—6 July 1994.
    6. 6. R v. Secretary of State for Education Ex parte C—8 February 1995
    7. 7. R v. Secretary of State for Employment and another Ex parte Wong
      • 29 June 1995
    8. 8. R v. Secretary of State for Education Ex parte Morris and others—21 December 1995.
    9. 9. R v. Secretary of State for Education Ex parte Norfolk—1996
    10. 10. R v. Secretary of State for Education Ex parte N—1996
    11. 11. R v. Secretary of State for Education Ex parte Connon and Davis
      • 26 April 1996
  2. (b) The court found for the applicant in the following 9 cases, two of which were reversed on appeal:
    1. 1. Secretary of State for Education and Science Ex parte Yusuf Islam
      • 15 May 1992
    2. 2. Secretary of State for Education Ex parte Prior 21 December 1993
    3. 3. R v. Secretary of State for Education Ex parte S—21 December 1993 but overturned in Court of Appeal 15 July 1994
    4. 4. R v. Secretary of State for Education Ex parte C—quashed by consent 1994
    5. 5. R v. Secretary of State for Employment Ex parte EOC House of Lords 3 March 1994
    6. 6. R v. Secretary of State for Education Ex parte W—27 May 1994
    7. 7. R v. Secretary of State for Education Ex parte Skitt— 12 April 1995
    8. 8. R v. Secretary of State for Employment Ex parte Seymour-Smith and another
      • Decision upheld at 1st instance but overturned in Court of Appeal 20 May 1994
    9. 9. R v. Secretary of State for Education Ex parte E—21 June 1995
  3. (c) The Deaprtment is aware of one case, R v Secretary of State for Education Ex parte C, in which it submitted to judgment.
  4. (d) The Department appealed successfully against the judicial review decision in two of the cases listed:
    1. 1. Secretary of State for Education Ex parte Seymour-Smith and Another
    2. 2. Secretary of State for Education Ex parte S.