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Tags
#illegality #judicial-review #public
Question
Secretary of State for Education v Tameside MBC, [1977] AC 1014
The case concerned a decision by the Secretary of State to halt the re-introduction of grammar schools proposed by the newly elected local authority: he had believed that the re-introduction would lead to educational chaos and undue disruption. Lord Wilberforce stated in relation to factual errors:

'If [...], then, although the evaluation of those facts is for the Secretary of State alone, the court must inquire whether those facts exist, and have been taken into account, whether the judgment has been made upon a proper self-direction as to those facts, and whether the judgment has not been made upon other facts which ought not to have been taken into account.'

The House of Lords concluded that the Secretary of State had either misunderstood or was not informed as to the nature and effect of the professional educational advice available to the local education authority and had wrongly jumped to conclusions. His argument that disruption to pupils' education was likely (because of the shortage of time in which to bring in the new policy) was not supported by any evidence but was based upon supposition, in the court's view. Lord Wilberforce concluded that:

'… if he [the Secretary of State] had exercised his judgment on the basis of the factual situation in which this newly elected authority was placed – with a policy approved by its electorate, and massively supported by the parents – there was no ground – however much he might disagree with the new policy, and regret such administrative dislocation as was brought about by the change – upon which he could find that the authority was acting or proposing to act unreasonably.'

Answer
a judgment requires, before it can be made, the existence of some facts

Tags
#illegality #judicial-review #public
Question
Secretary of State for Education v Tameside MBC, [1977] AC 1014
The case concerned a decision by the Secretary of State to halt the re-introduction of grammar schools proposed by the newly elected local authority: he had believed that the re-introduction would lead to educational chaos and undue disruption. Lord Wilberforce stated in relation to factual errors:

'If [...], then, although the evaluation of those facts is for the Secretary of State alone, the court must inquire whether those facts exist, and have been taken into account, whether the judgment has been made upon a proper self-direction as to those facts, and whether the judgment has not been made upon other facts which ought not to have been taken into account.'

The House of Lords concluded that the Secretary of State had either misunderstood or was not informed as to the nature and effect of the professional educational advice available to the local education authority and had wrongly jumped to conclusions. His argument that disruption to pupils' education was likely (because of the shortage of time in which to bring in the new policy) was not supported by any evidence but was based upon supposition, in the court's view. Lord Wilberforce concluded that:

'… if he [the Secretary of State] had exercised his judgment on the basis of the factual situation in which this newly elected authority was placed – with a policy approved by its electorate, and massively supported by the parents – there was no ground – however much he might disagree with the new policy, and regret such administrative dislocation as was brought about by the change – upon which he could find that the authority was acting or proposing to act unreasonably.'

Answer
?

Tags
#illegality #judicial-review #public
Question
Secretary of State for Education v Tameside MBC, [1977] AC 1014
The case concerned a decision by the Secretary of State to halt the re-introduction of grammar schools proposed by the newly elected local authority: he had believed that the re-introduction would lead to educational chaos and undue disruption. Lord Wilberforce stated in relation to factual errors:

'If [...], then, although the evaluation of those facts is for the Secretary of State alone, the court must inquire whether those facts exist, and have been taken into account, whether the judgment has been made upon a proper self-direction as to those facts, and whether the judgment has not been made upon other facts which ought not to have been taken into account.'

The House of Lords concluded that the Secretary of State had either misunderstood or was not informed as to the nature and effect of the professional educational advice available to the local education authority and had wrongly jumped to conclusions. His argument that disruption to pupils' education was likely (because of the shortage of time in which to bring in the new policy) was not supported by any evidence but was based upon supposition, in the court's view. Lord Wilberforce concluded that:

'… if he [the Secretary of State] had exercised his judgment on the basis of the factual situation in which this newly elected authority was placed – with a policy approved by its electorate, and massively supported by the parents – there was no ground – however much he might disagree with the new policy, and regret such administrative dislocation as was brought about by the change – upon which he could find that the authority was acting or proposing to act unreasonably.'

Answer
a judgment requires, before it can be made, the existence of some facts
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roduction of grammar schools proposed by the newly elected local authority: he had believed that the re-introduction would lead to educational chaos and undue disruption. Lord Wilberforce stated in relation to factual errors: 'If <span>a judgment requires, before it can be made, the existence of some facts, then, although the evaluation of those facts is for the Secretary of State alone, the court must inquire whether those facts exist, and have been taken into account, whether the judgme

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