M was initially housed in London and received medical care and support. The son was enrolled at the local primary school where he successfully received specialist support.
NASS decided to relocate M and his son to Middlesbrough under its dispersal programme. It decided that the family's medical and other needs could be met there. The son's head teacher and others protested that the move would disrupt the progress he was making but the decision was not withdrawn.
The judge granted a judicial review and quashed the dispersal decision. Although it might have been reasonable to send M to Middlesbrough because medical care would be available there, no reasonable official could have decided that it would be right to disrupt the progress the son was making given the exceptional circumstances.
Source
Housing Today
Reference
It is very unusual for a judge to overturn a NASS dispersal decision but, as in this case, the courts will intervene when necessary. Likewise the courts will strike down irrational dispersal decisions made by local authorities.
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