In Re T (A minor) [1998]) 2 All ER 769 (HL)

Resources – relevance – duty – discretion – education

Resource considerations were not relevant to the question of what is ‘suitable education’ for the purposes of Education Act 1993 s298 (now education Act 1996 s19). Parliament had chosen to impose a statutory duty, as opposed to other options open to it, and the courts should be slow to downgrade such duties into what were, in effect, mere discretions over which the courts would have very little control. It was not for the courts to adjust the order of priorities as between statutory duties and statutory discretions

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