The Cockerton Judgement of 1899, determined that it was unlawful for the
London School Board to spend money raised in the
rates to fund higher-grade classes in science and art, thus limiting them to providing education for the under 12s.
Background
The
1870 Elementary Education Act had created local
school boards
A board of education, school committee or school board is the board of directors or board of trustees of a school, local school district or an equivalent institution.
The elected council determines the educational policy in a small regional are ...
to be responsible for the provision of elementary education. Some school boards also established classes for higher classes. These "higher tops" and even separate schools were provided for older pupils who showed ability and commitment, even new type of evening school for adults. This competition angered churches who were lobbying for public money for the church schools, and some older grammar schools who were also having problems with finance. It was seen by leading conservatives as an unacceptable extension to local government, and an unacceptable use of the rates.
The test case
In 1899,
Sir John Gorst's private secretary
Sir Robert Morant (1863–1920) engineered a test case in which a School of Art in London complained of competition from evening classes run by the
London School Board. The
District Auditor
A district is a type of administrative division that, in some countries, is managed by the local government. Across the world, areas known as "districts" vary greatly in size, spanning regions or county, counties, several municipality, municipa ...
– Cockerton – ruled that the London School Board could not use the rates to fund higher-grade classes in science and art. The London School Board unsuccessfully appealed twice. A new education act was needed.
Implications
The Cockerton Judgement halted advanced, or secondary, teaching fostered by the more radical and enterprising School Boards. It prevented school boards from funding anything but elementary schools. As an interim measure, the
Board of Education established, by Minute dated 6 April 1900, a new system of "
Higher elementary schools". The subsequent
Education Act 1902 (Balfour Act), which Morant drafted, created all-embracing
local education authorities
Local education authorities (LEAs) were local councils in England that are responsible for education within their jurisdiction. The term was used to identify which council (district or county) is locally responsible for education in a system wit ...
which had a wider remit and powers to provide public monies to the church schools. Morant became Permanent Secretary of the Board of Education in April 1903.
References
Bibliography
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Law of the United Kingdom
1899 in British law
Education in England
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