The judiciary published its decision on Friday morning, stating that the claim has been dismissed, but granting private schools permission to apply for judicial review.
Prominent advocate Lord Pannick KC – Boris Johnson’s Partygate barrister – led the private schools case against Chancellor Rachel Reeves, the formal defendant in the case.
This includes children with special educational needs and disabilities (SEND) who are caught up in huge backlogs for council-funded support, or children from religious backgrounds who wish to attend local faith schools.
Sophie Kemp, partner and head of public law at Kingsley Napley, representing the claimants, said: “This is a disappointing decision for the Claimants, who are carefully considering the court’s judgment.
The court felt that it was not able to interfere because of the leeway it must give to Parliament. Unfortunately, this doesn’t help the Claimants, who must now weigh their options.”
This is a breaking news story and is being updated.
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