Admin Court quashes decision by council over provision for three year olds

The Administrative Court has quashed a decision of Rhondda Cynon Taf County Borough Council to abolish free full-time education, free school meals and free school transport for three-year-old children.

Mr Justice Supperstone found the decision was unlawful because it failed to take proper account of statutory duties on provision of nursery education and childcare, or for day care for children in need. 

Law firm Bindmans brought the judicial review claim on behalf of four parents. 

Solicitor for the claimants Jamie Potter said: “This is a stark reminder for local councils that, even in difficult financial circumstances, statutory duties cannot be ignored in the hope that decisions will go unchallenged.”

He added that it had been possible to bring the case only with support from the Legal Aid Agency. 

“Sadly, the Coalition Government’s reforms to both legal aid and judicial review are seeking to make it much more difficult to bring such challenges in the future,” he said.

The council said UK government austerity measures had forced it to make significant reductions to its service provision.

“Officers will now consider the detail of this judgement and will report to members in due time,” a spokesperson said.

The judgment was read out in court but has not yet been published.

Mark Smulian