Member

Finally, Amendment 502YP, tabled in the name of the noble Lord, Lord Wei, would require the Secretary of State when issuing guidance or reviewing parental appeals to act in a way that is substantively fair, proportionate and consistent with the best educational interests of the child. We do not believe that this amendment is necessary for several reasons. First, primary legislation is neither appropriate nor proportionate in this case; Ministers are required to comply with the public law principles of acting reasonably and following a fair and transparent process. In any event, consideration by the courts will be broader than the wording and stated intention of guidance and policy in determining human rights compliance.