In re L (a minor by his father and litigation friend); Regina -v- Governors of J School, ex parte L; HL 27 Feb 2003

References: [2003] UKHL 9, Times 06-Mar-2003, Gazette , [2003] 2 AC 633, [2003] BLGR 343, [2003] 2 WLR 518, [2003] 1 FCR 548, [2003] 1 All ER 1012, [2003] ELR 309
Links: House of Lords, Bailii
Coram: Bingham of Cornhill, Hoffmann, Hobhouse of Woodborough, Scott of Foscote, Walker of Getsingthorpe
A pupil had been excluded from school, then ordered to be re-instated by the independent appeal panel. The teachers’ union objected to his return to the school. The head-teacher arranged for him to be taught and supervised at school by a non-union teacher in segregated conditions. His parents objected.
Held: The reinstatement order did not seek to control the way in which the headmaster implemented it. ‘Reinstatement’ in a school can accommodate the almost complete segregation of the pupil from the rest of the school community. The head had complied with the order and the parents could not object. (Lords Bingham and Cornhill dissenting)
Statutes: School Standards and Framework Act 1998 64
This case cites:

  • Appeal from – W & L -v- The Governors of B School & The Governors of J School CA (Bailii, Times 20-Aug-01, [2001] EWCA Civ 1199, [2001] LGR 561)
    Just how a teacher re-incorporated a child within school, after he had first been excluded, but then re-instated by the independent appeal panel, was a matter for the head-teacher, provided only that he could not do so in any way which reflected a . .

This case is cited by:

  • Cited – Ali -v- The Head Teacher and Governors of Lord Grey School CA ([2004] EWCA Civ 382, Bailii, Times 09-Apr-04, Gazette 08-Apr-04, [2004] QB 1231)
    The student had been unlawfully excluded from school. The school had not complied with the procedural requirements imposed by the Act.
    Held: Though the 1996 Act placed the responsibilty for exclusion upon the local authority, the head and . .
  • Appealed to – W & L -v- The Governors of B School & The Governors of J School CA (Bailii, Times 20-Aug-01, [2001] EWCA Civ 1199, [2001] LGR 561)
    Just how a teacher re-incorporated a child within school, after he had first been excluded, but then re-instated by the independent appeal panel, was a matter for the head-teacher, provided only that he could not do so in any way which reflected a . .
  • Cited – Begum, Regina (on the Application of) -v- Denbigh High School Admn (Bailii, [2004] EWHC 1389 (Admin), Times 18-Jun-04, [2004] ELR 374)
    A schoolgirl complained that she had been excluded from school for wearing a form of attire which accorded with her Muslim beliefs.
    Held: The school had made great efforts to establish what forms of wear were acceptable within the moslem . .
  • Cited – Ali -v- Head Teacher and Governors of Lord Grey School HL (Times 27-Mar-06, Bailii, [2006] UKHL 14, 20 BHRC 295, [2006] 2 All ER 457, [2006] ELR 223, [2006] 2 WLR 690, [2006] 2 AC 363)
    The claimant had been accused with others of arson to school property. He was suspended for the maximum forty five day period. The school then invited the family to discuss arrangements to return to the school, but the family did not attend. After . .

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