G, R (on the application of) v London Borough of Islington

Computer-Aided Transcript of the Palantype Notes of Smith Bernal Wordwave Limited 190 Fleet Street London EC4A 2AG Tel No: 020 7404 1400 Fax No: 020 7831 8838 (Official Shorthand Writers to the Court)

MS A S BROWN (instructed by BSB, London, NW1 2SA) appeared on behalf of the CLAIMANT MR J AUBURN (instructed by London Borough of Islington, Legal Services) appeared on behalf of the DEFENDANT ____________________

Where a local education authority seeks and obtains an education supervision order pursuant to section 36 and Schedule 3 of the Children Act 1989, is it necessarily and by virtue of having so sought an education supervision order, an abuse of process for that authority later to prosecute the child's parent under section 444(1A) of the Education Act 1996?

Was the crown court right to find that there was no abuse of process in the matter in which the Crown proceeded in this appeal before it?

Section 444(1A) was inserted in the 1996 Act by the Criminal Justice and Court Service Act 2000.