Review the local authority concerning the closure of school

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Reference no: EM133435205

ASSIGNMENT:

Standing

St Oswalds is a small rural primary school, which has 25 pupils. In the next village, Greengates, a free school, proposes to expand in size and, as a result, the local authority decide to close St Oswalds, using their powers under s 15 of the Education and Inspections Act 2006. A group is formed, known as Residents for St Oswalds. This group is comprised of parents of existing pupils, parents of young children who had hoped to attend St Oswalds and residents of the village who attended St Oswalds in the past. There are also members from the wider area who have prior experience of the campaign to save a neighbouring school, St Aidans. Their chair, Fiona, is the parent of a child who will have to move schools if the closure goes ahead.

Does the group Residents for St Oswalds have standing to bring an action in judicial review against the local authority concerning the closure of the school? To answer this question, you need to consider:

What is the general test applied by the courts as to whether or not a person or body has standing in a judicial review action?
How is that general test applied here? Are there any specific authorities which are particularly helpful?

Reference no: EM133435205

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