13 June 2013
R (on the application of NR) v Local Government Ombudsman [2013] EWHC 1335 (Admin), [2013] All ER (D) 18 (Jun)
The general principle underpinning remedies for a breach by a local authority of its education duty was that the remedy needed to be appropriate and proportionate to the injustice. The remedy should, as far as was possible, put the complainant in the position he or she would have been in but for the maladministration. Where loss of education because no suitable alternative provision had been made, one approach might be to ask what it would have cost the authority to make the appropriate provision but that was only one factor to be taken into account and not a formula to be automatically applied.
