The applicants appealed the refusal of judicial review of the refusals of their appeals against exclusion from school.
Held: The Act provided a full appeal procedure from the initial decision of the school’s head teacher, first to the governors, and then to an independent appeal panel. They argued that Rowlands established that a right to a judicial review of an earlier decision survived a fairly conducted appeal against that decision.
Held: The Rowlands case applied only where a possibility of an appeal remained. A closer case was McMahon. The court must look at the statutory scheme as a whole. Where an early defect was capable of being cured by the later appeals, it must be rare (perhaps as in Calvin) for any right of review to survive.
Judges:
Lord Justice Keene, Lord Justice Kay, Lord Justice Simon Brown
Citations:
Times 19-Dec-2002
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Hereford Magistrates’ Court (ex parte Rowlands, Ingram); Regina v Harrow Youth Court (ex parte Prussia) Admn 10-Feb-1997
The power to adjourn a trial is conferred upon Justices by statute. The divisional court will intervene where defendants have been deprived of a fair opportunity to present their case. The decision whether to grant an adjournment is not a mechanical . .
Appealed from – Regina (A) v Kingsmead School Governors and Another QBD 13-Mar-2002
A permanently excluded pupil sought judicial review of the decision to exclude him. The school resisted saying that since there remained an avenue of appeal, a judicial review was inappropriate. He could still ask for a review of the decision of the . .
Cited – Lloyd v McMahon HL 12-Mar-1987
The district auditor had issued a certificate under the 1982 Act surcharging the appellant councillors in the sum of 106,103, pounds being the amount of a loss incurred or deficiency caused, as the auditor found, by their wilful misconduct.
Cited – Calvin v Carr PC 15-Jan-1979
(New South Wales) It was argued that a decision of the stewards of the Australian Jockey Club was void for having been made in breach of the rules of natural justice.
Held: The stewards were entitled to use the evidence of their eyes and their . .
Cited by:
Appealed To – Regina (A) v Kingsmead School Governors and Another QBD 13-Mar-2002
A permanently excluded pupil sought judicial review of the decision to exclude him. The school resisted saying that since there remained an avenue of appeal, a judicial review was inappropriate. He could still ask for a review of the decision of the . .
Lists of cited by and citing cases may be incomplete.
Education, Judicial Review
Updated: 28 April 2022; Ref: scu.178446