The Cockerton Judgement of 1899 determined that it was unlawful for the

London School Board The School Board for London, commonly known as the London School Board (LSB), was an institution of local government and the first directly elected body covering the whole of London. The Elementary Education Act 1870 ( 33 & 34 Vict. c. 75) was ...

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

Elementary Education Act 1870 The Elementary Education Act 1870 ( 33 & 34 Vict. c. 75), commonly known as Forster's Education Act, set the framework for schooling of all children between the ages of 5 and 12 in England and Wales. It established local education authorities wit ...

( 33 & 34 Vict. c. 75) 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 area, ...

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, along with new types 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

. 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 counties, several municipalities, subdivisions ...

– 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 Judgment 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 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 area, ...

established, by minute dated 6 April 1900, a new system of " Higher elementary schools". The subsequent

Education Act 1902 The Education Act 1902 ( 2 Edw. 7. c. 42), also known as the Balfour Act, was a highly controversial act of Parliament that set the pattern of elementary education in England and Wales for four decades. It was brought to Parliament by a Conserva ...

(Balfour Act), which Morant drafted, created all-embracing

local education authorities Local education authorities (LEAs) were defined in England and Wales as the local councils responsible for education within their jurisdictions. The term was introduced by the Education Act 1902, which transferred education powers from school bo ...

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

* Law of the United Kingdom 1899 in British law Education in England {{UK-law-stub