QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
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MR D WOLFE (instructed by Levenes, Wood Green) appeared on behalf of the DEFENDANT
Crown Copyright ©
Thursday, 19th June 2003
"Even though the child has sufficient interest the only reason why the application was made in the name of the child was to obtain legal aid and consequent cost protection. The Court of Appeal regarded that as an abuse."
That was the JC case dealing with school admissions. The LSC then went through a consultation exercise with a view to itself adopting guidance, and your Lordship sees the guidance they then adopted at page 8 of this extract, which is how they should approach judicial review applications where the application has been made in the child's name and arguably it should have been made in a parent's name. So in response to JC, which, if you like, flew the kite on this point for JR, the LSC has now developed its own sophisticated guidance which it then applies to subsequent applications.