Secretary of State for Education v Tameside MBC [1977] AC 1014
Judgement for the case Secretary of State for Education v Tameside MBC
Table Of Contents
A council had a comprehensive education policy. After an election, the new council reversed this and planned to create a grammar school education policy.
The secretary of state had the power under s.68 Education Act to direct a LA as to the exercise of its powers “if he was satisfied” that it was behaving “unreasonably”. Here the secretary believed this because the LA would not have time to organise a selection policy in time.
HL, ignoring the subjective wording of the act, held that the LA had not behaved unreasonably, applying the Wednesbury test. Therefore the secretary of state’s directions were unlawful.
Lord Wilberforce
Given that the council had a political mandate to pursue the grammar schools policy and massively supported by parents, it would be impossible for the secretary of state to conclude that the decision was Wednesbury unreasonable.
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