SQE1 sample questions

Question 63

A local council introduces a ban on school‐age children entering coffee shops, shopping centres and cinemas between 8am and 6pm on school days. This decision is an attempt to reduce high levels of truancy in city centre schools. It is made under legislation giving local authorities full discretionary powers to introduce measures aimed at improving educational attainment and it is introduced without public consultation.

Local businesses are outraged by this decision and seek legal advice. Many of them rely on trade from local school children, and since school lessons finish by 3.30pm they cannot see how the ban until 6pm can be justified. No human rights issues are at stake.

Which of the following statements best summarises the basis on which this decision could be challenged through judicial review?

A. If the decision does not give sufficient weight to the interests of the local businesses.

B. If the decision does not result in a demonstrable improvement in educational attainment by local school children.

C. If the decision is one which is not the most cost effective in the circumstances.

D. If the decision goes significantly beyond what local authorities are doing elsewhere to address the same issue.

E. If the decision is so outrageous in its defiance of logic that no sensible person could have arrived at it.