WD v Glasgow City Council

2 November 2007

The mother of a disabled child made a request for him to be placed in a special school run by Glasgow City Council, although the family live in a neighbouring local authority area. Glasgow City Council refused the request and the matter was referred to an Additional Support Needs Tribunal. At the heart of the dispute was the question whether the Tribunal had jurisdiction to hear the reference. The case proceeded rapidly from the Outer House to the Inner House. The court considered the terms of the Education (Additional Support for Learning) (Scotland) Act 2004 and agreed with the submissions made on behalf of Glasgow City Council, holding that they were not the education authority responsible for the child's school education and that the Tribunal did not have jurisdiction.

David Johnston QC and Morag Ross of Axiom Advocates appeared for Glasgow City Council.

[2007] CSIH 72 http://www.scotcourts.gov.uk/opinions/2007CSIH72.html