Complaint was made within time limit when the decision complained of was a reconsideration of an earlier decision, not just a reference back to it. Held: In a sex discrimination case, where there has been a constructive dismissal, time runs from the date of the employer’s breach and not from the date of the employee’s … Continue reading Cast v Croydon College: CA 19 Mar 1998
The applicant, having moved here from Greece, applied for emergency housing. The Council received no reply to its requests for corroboration sent to Greece. Housing was refused, but the officer later suggested that the real reason was that the applicant had accommodation available in Greece. The court considered an affidavit on behalf of the decision-maker … Continue reading Regina v Westminster City Council Ex Parte Ermakov: CA 14 Nov 1995
The needs of a child, as to educational and non-educational overlapped, and accordingly, it was within the discretion of the Special Needs Tribunal to include among the educational needs of a child others within that overlap. Physiological, occupational, and speech therapy, were all properly included within the educational needs assessment. The court explained the nature … Continue reading Bromley London Borough Council v Special Educational Needs Tribunal and Others: CA 26 May 1999
The Secretary of State had appointed inspectors to investigate and report on a company takeover. In their report, which was published, the inspectors made findings which were critical of and damaging to the applicants, who relied on the civil limb of article 6(1) to complain that they had been denied effective access to the courts … Continue reading Fayed v United Kingdom: ECHR 6 Oct 1994
Judges: Stanley Burnton J Citations: [2007] EWHC 790 (Admin) Links: Bailii Statutes: Education Act 1996 Jurisdiction: England and Wales Education Updated: 05 December 2022; Ref: scu.254340
Fair Coment on Political Activities The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the claimant’s status as a politician. Held: The appeal failed (Lords Hope … Continue reading Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999
(Commission) A reasonable denial of the right to education does not violate the Convention. Citations: (1996) 84-A DR 98 Jurisdiction: Human Rights Cited by: Cited – Ali v The Head Teacher and Governors of Lord Grey School CA 29-Mar-2004 The student had been unlawfully excluded from school. The school had not complied with the procedural … Continue reading Sulak v Turkey: ECHR 1996
Parents challenged changes to arrangements for transport of eligible children to and from school. Judges: Sales J Citations: [2013] EWHC 579 (Admin) Links: Bailii Statutes: Education Act 1996 508B Jurisdiction: England and Wales Education, Benefits Updated: 14 November 2022; Ref: scu.471758
Gilliatt Parents wanted their high end autistic child to be educated according to the Lovaas principle at home with a phased introduction into mainstream school. The local education authority proposed that the child should be educated at a specialist centre based in a school. The court held that under s 319 of the Education Act … Continue reading T v Special Educational Needs Tribunal and Another: Admn 18 Jul 2002
The need to specify the special educational needs for a child did not necessarily mean that any particular school must be nominated, nor even that the need must be met through a school. Whilst the definition of ‘special educational provision’ in section 312(4) of the 1996 Act is wide enough to include naming a particular … Continue reading Richardson v Solihull Metropolitan Borough Council Special Educational Needs Tribunal; White v London Borough of Ealing Special Needs Tribunal and Hereford and Worcester County Court v Karen Lane: CA 12 Feb 1998
UTIAC 1. Azerbaijan is a country with high levels of corruption and there is clear evidence that political dissent is not tolerated.2. There is nothing to indicate that the State would in any way penalise unmarried mothers (approximately 10% of mothers) or those who have mixed race children. There are in place some support mechanisms … Continue reading SL (Unmarried Mother With Mixed Race Child) Azerbaijan CG: UTIAC 15 Feb 2013
Judicial review was sought of the changes to the marking systems for GCSE English in 2012. Held: The claim failed. Though properly brought, the failure was in the underlying structue of the qualification, and not in the respondent’s attempts to manage it.No legitimate expectation had been created, and indeed public documentation was contrary to the … Continue reading London Borough of Lewisham and Others), Regina (on The Application of) v Assessment and Qualifications Alliance and Others: Admn 13 Feb 2013
The claimant sought damages. The respondent had acted as an adoption agency but had failed to disclose all relevant information about the child. Held: Any such duty extended only during the period where the child was with the prospective adopters pending their decision on adoption. Hale LJ: ‘Whenever the question of a common law duty … Continue reading A and Another v Essex County Council: CA 17 Dec 2003
The court was asked about the age at which entitlement to a pension began for someone of transgender. Held: The court was divided, and the issue was referred to the European Court of Justice. Judges: Lady Hale, Deputy President, Lord Wilson, Lord Sumption, Lord Toulson, Lord Hodge Citations: [2016] UKSC 53, UKSC 2014/0220 Links: Bailii, … Continue reading MB v Secretary of State for Work and Pensions: SC 5 Jul 2016
The plaintiff claimed damages for acute stress after failing to rescue his two daughters in an accident caused by the defendant. After the accident, he became involved in family proceedings concerning custody of other children. Medical reports used in the children proceedings suggesting an improvement in his condition had not been disclosed to the court … Continue reading Vernon v Bosley (3): CA 19 Dec 1996
The claimant who required support from the Council for his ADHD disorder challenged the respondent’s budget insofar as it limited support for children’s services in the Revenue Budget. Ge said that in making its decision to cut the budget, the Council unlawfully failed to comply either with (i) its obligations under section 507B of the … Continue reading Hunt v North Somerset Council: Admn 18 Jul 2012
The parties had married, but the male partner was a transsexual, having been born female and having undergone treatment for Gender Identity Dysphoria. After IVF treatment, the couple had a child. As the marriage broke down the truth was revealed in court, but the plaintiff said that his wife had known the true position. He … Continue reading J v S T (Formerly J): CA 21 Nov 1996
C was born with a liver defect. After a failed operation, the parents, both caring health professionals, decided not to put him through major surgery again. The local authority and doctors obtained an order to allow a potentially life saving liver transplant. The parents now appealed. Held: The appeal succeeded.Butler-Sloss LJ said: ‘it is clear … Continue reading In re T (a Minor): CA 24 Oct 1996
The claimant had been dismissed for gross misconduct. As a teacher he had drunk alcohol at school, and taken a bottle of wine. His complaint of unfair dismissal had been dismissed, and he appealed that decision, saying the school had departed from proper procedures, that the panels had been chosen in contravention of procedures, and … Continue reading Atkin v The Grove Primary School and Another: EAT 15 Nov 2001
The copyright tribunal was given a wide discretion for the awarding of costs on applications made to it for licenses. The nature of the applications and the different basis makes it dangerous to import rules for awards from the general rules on costs. The Copyright Tribunal was wrong to award costs on an award to … Continue reading AEI Rediffusion Music Ltd v Phonographic Performance Ltd: CA 1 Feb 1999
The applicants, a same sex couple sought the right to marry. Held: The application failed. Same-sex couples are in a relevantly similar situation to different-sex couples as regards their need for legal recognition and protection of their relationship, although since practice in this regard is still evolving across Europe, the Contracting States enjoy a wide … Continue reading Schalk and Kopf v Austria: ECHR 22 Nov 2010
The employee was a transsexual, awaiting completion of surgical transformation to a woman. The employer said she could not use the female toilet facilities, but was offered use of the unisex disabled facilities. Held: The 1975 Act provides for a category of persons who are not to be discriminated against. By virtue of the definition … Continue reading Croft v Royal Mail Group Plc (formerly Consignia Group plc): CA 18 Jul 2003
There was no need for consultation before a school can be closed as a failing school. Simon Brown LJ emphasised the need to avoid a mechanistic approach to the requirements of consultation. Judges: Simon Brown LJ Citations: Times 15-Dec-1995, [1996] ELR 162 Statutes: Education Act 1993 Part V Jurisdiction: England and Wales Cited by: Cited … Continue reading Regina v Secretary of State for Education and Employment and Another Ex Parte Morris and Others: QBD 15 Dec 1995
The applicants, intending university students, challenged the decision to raise to andpound;9,000 per annum, the fees which might be charged by qualifying universities.Elias LJ said: ‘Contrary to a submission advanced by Ms Mountfield, I do not accept that this means that it is for the court to determine whether appropriate weight has been given to … Continue reading Hurley and Moore, Regina (on The Application of) v Secretary of State for Business Innovation and Skills: Admn 17 Feb 2012
Judges: Lord Neuberger MR, Richards, Davis LJJ Citations: [2012] EWCA Civ 346 Links: Bailii Statutes: Education Act 1996 Jurisdiction: England and Wales Education Updated: 05 October 2022; Ref: scu.452196
EAT TRANSFER OF UNDERTAKINGS – Varying terms of employmentThe Employment Judge was entitled to hold that the agreed variation of the Claimants’ salary was not for a reason connected with a relevant TUPE transfer more than two years earlier and was not in order to achieve harmonisation of all employees’ salaries. Judges: McMullen QC J … Continue reading Smith and Others v Trustees of Brooklands College: EAT 5 Sep 2011
renewed application for permission to appeal – SEN assessment Citations: [2001] EWCA Civ 820 Links: Bailii Statutes: Education Act 1996 Jurisdiction: England and Wales Education Updated: 14 September 2022; Ref: scu.218187
Grand Chamber – The first applicant said he had been injured by a shot fired by a British soldier who had been carried for two miles into the Republic of Ireland, clinging to the applicant’s vehicle following an incident at a checkpoint. Held: Rules granting the State immunities, did not infringe the applicants’ right to … Continue reading McElhinney v Ireland; Al-Adsani v United Kingdom; Fogarty v United Kingdom: ECHR 21 Nov 2001
When offering courses to distance learning students, the College offered materials for the courses. As part of the course this supply would be exempt, as books, the supply would be zero-rated, but the taxpayer would be able to reclaim its VAT inputs. Held: ‘There clearly was a separate supply of goods, namely the printed material … Continue reading College of Estate Management v Commissioners of Customs and Excise: CA 11 Aug 2004
Regulation 4 of the Requirements for Teachers (Scotland) Regulations 2005 (‘the 2005 Regulations’), provides that a local education authority can employ only registered teachers. The issue in this appeal (brought by the local education authority) is whether the term ‘registered teacher’ in that provision simply means a teacher whose details have been entered on to … Continue reading Dumfries and Galloway Council v Carroll: EAT 7 Aug 2019
EAT JURISDICTIONAL POINTS – Working outside the jurisdiction The Claimants were wives of service personnel working at NATO headquarters in Belgium and in the Netherlands – Because of that status they were eligible for, and they obtained, employment in schools attached to those headquarters – They were dismissed when their husbands’ service came to an … Continue reading Ministry of Defence v Wallis and Another: EAT 30 Jul 2010
Further education under special needs provisions for an adult are to be tailored to his particular needs. Citations: Times 31-Oct-1996, [1996] EWHC Admin 130 Links: Bailii Statutes: Higher Education Act 1992 Jurisdiction: England and Wales Education, Local Government Updated: 21 August 2022; Ref: scu.136678
EAT JURISDICTIONAL POINTS VICTIMISATION DISCRIMINATION: Protected disclosure The central question in this appeal was whether an employee/worker who complained of suffering a detriment from his current employer on the ground that he had made a protected disclosure could claim where that disclosure had been made not whilst employed by his current employer but whilst employed … Continue reading BP Plc v Elstone and Another: EAT 31 Mar 2010
Challenge to statement of special educational needs. Judges: Sedle, Smith, Elias LJJ Citations: [2010] EWCA Civ 135, [2010] ELR 312 Links: Bailii Statutes: Education Act 1996 Jurisdiction: England and Wales Education Updated: 15 August 2022; Ref: scu.402937
A school board employed staff to manage a residential school for vulnerable children. The staff committed sexual abuse of the children. The school denied vicarious liability for the acts of the teachers. Held: ‘Vicarious liability is legal responsibility imposed on an employer, although he is himself free from blame, for a tort committed by his … Continue reading Lister and Others v Hesley Hall Ltd: HL 3 May 2001
The parties disputed whether Mr Smith had been an employee of or worker with the company so as to bring associated rights into play. The contract required the worker to provide an alternate worker to cover if necessary. Held: The company’s appeal failed. Mr Smith was a worker: ‘there were features of the contract which … Continue reading Pimlico Plumbers Ltd and Another v Smith: SC 13 Jun 2018
Solicitor Firm Member was a Protected Worker The solicitor appellant had been a member of the firm, a limited liability partnership. She disclosed criminal misbehaviour by a partner in a branch in Africa. On dismissal she sought protection as a whistleblower. This was rejected, it being found that a member of such a firm was … Continue reading Clyde and Co LLP and Another v van Winkelhof: SC 21 May 2014
An employer’s liability for racial abuse by its employees is wider than its liability under the rules of vicarious liability. The statute created new obligations. Sex and race discrimination legislation seeks to eradicate the ‘very great evil’ of discrimination.Waite LJ said: ‘a statute is to be construed according to its legislative purpose, with due regard … Continue reading Tower Boot Company Limited v Jones: CA 11 Dec 1996
The plaintiff was a manager within the social services department. He suffered a mental breakdown in 1986, and had four months off work. His employers had refused to provide the increased support he requested. He had returned to work, but again, did not receive the staff or guidance to allow him to do the work … Continue reading Walker v Northumberland County Council: QBD 16 Nov 1994
Citations: [2013] EWCA Civ 57 Links: Bailii Statutes: Education Act 1996 507 Jurisdiction: England and Wales Education, Local Government Updated: 28 July 2022; Ref: scu.470934
The cost of the delivery of a quantity of new cars from the factory or depot to the purchaser is incidental and ancillary to the supply of the cars themselves, and the VAT on delivery charges was not reclaimable by the purchasing company as Input Tax. The sale of a car and the delivery to … Continue reading Commissioners of Customs and Excise v British Telecommunications Plc: HL 11 Feb 1999
EAT UNFAIR DISMISSAL: Constructive dismissalWhether fundamental breach of implied term of trust and confidence cured, so that the Claimant’s resignation did not amount to constructive dismissal.Whether the range of reasonable responses test has any place in the question as to whether an employee has been constructively dismissed. Fairbrother and Claridge considered and not followed.General observations … Continue reading Bournemouth University Higher Education Corp v Buckland: EAT 8 May 2009
The local authority regarded lack of resources or facilities as an insuperable obstacle to any further attempt to make provision under the 1970 Act. Held: A Local Authority should allow for non-statutory guidance in assessing a disabled person’s education needs. Local authorities may only depart from the Secretary of State’s guidance for good reason. Sedley … Continue reading Regina v Islington Borough Council Ex Parte Rixon: QBD 17 Apr 1996
The applicant had obtained what it thought to be clearance from the Revenue for a complex scheme, whose effectiveness depended on whether investors would qualify for capital allowances. The Inspector initially gave a favourable assurance, but that was subsequently withdrawn. Held: The taxpayer’s application failed. A tax clearance certificate was properly withdrawn for a failure … Continue reading Regina v Inland Revenue Commissioners Ex Parte Matrix Securities Ltd: HL 14 Mar 1994
Challenge to authority’s decision not to support child with special educational needs. Citations: [2008] EWCA Civ 661 Links: Bailii Statutes: Education Act 1996 Jurisdiction: England and Wales Education Updated: 17 July 2022; Ref: scu.269724
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 community, and set uniform standards accordingly. However sincere her religious beliefs, the claimant had chosen … Continue reading Begum, Regina (on the Application of) v Denbigh High School: Admn 15 Jun 2004
Citations: [2000] EWHC Admin 295 Links: Bailii Statutes: Education Act 1996 Jurisdiction: England and Wales Education Updated: 13 July 2022; Ref: scu.140109
The court was asked whether the weight-watchers program which included attendance at a course and a supply of supporting materials was one single standard-rated supply or separate supplies of zero-rated printed materials and standard-rated support services. Held: The court asked whether if the tribunal was mistaken as to the law the court should overrule the … Continue reading HM Revenue and Customs v Weight Watchers (UK) Ltd: ChD 21 Jan 2008
A question as to the correct construction of section 9. Judges: Mr Justice Plender Citations: [2009] EWHC 1091 (QB) Links: Bailii Statutes: Education Act 1996 9 Jurisdiction: England and Wales Education Updated: 12 July 2022; Ref: scu.375077
The local authority had in the statement of special educational needs specified a school in accordance with the parent’s choice, but on condition that the parents were to be responsible for the cost of transport to and from school. Held: The authority’s appeal against an order that it should pay for the transport succeeded. The … Continue reading M, Regina (on the Application of) v Sutton London Borough Council: CA 21 Nov 2007
A building owner appealed against enforcement notices which alleged that there had been a material change of use of his buildings in 1982. This notice was issued by a planning authority. As a result of the appeal an inspector determined that the buildings were in hotel use. The use of the buildings did not change … Continue reading Thrasyvoulou v Secretary of State for the Environment: HL 1990
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011
Gilliatt A foster parent wished to appeal to the SENT against a decision to refuse to provide a statement in respect of a child with special educational needs. The definition of a parent under s 114(b) of the Education Act 1993 included any person who has care of a child ‘unless the context otherwise requires’. … Continue reading Regina v Special Educational Needs Tribunal ex parte Fairpo: Admn 16 Jul 1996
‘This application for judicial review concerns alleged failures of the London Borough of Islington to make provision according to law for the social, recreational and educational needs of the applicant . . who is now 25 and suffers from Seckels syndrome. He is blind, microcephalic, practically immobile, doubly incontinent and largely unable to communicate. He … Continue reading Rixon, Regina (on The Application of) v London Borough of Islington: Admn 15 Mar 1996
(Northern Ireland) The applicant sought judicial review of a decision not to disclose documents held by the respondent to him saying that the refusal was disproportionate and infringed his human rights. The respondents said that the documents were provided on an assurance of confidentiality. Held: Disclosure rules are different in judicial review proceedings since such … Continue reading Tweed v Parades Commission for Northern Ireland: HL 13 Dec 2006
The court considered the obligation on an authority to consult: ‘.. the precise demands of consultation .. there according to the circumstances .. The extent and method of consultation must depend on the circumstances. Underlying what is required must be the concept of fairness’ Judges: Keene J Citations: [1996] ELR 74 Jurisdiction: England and Wales … Continue reading Regina v London Borough of Islington ex parte East: Admn 1996
EAT Practice and Procedure: Restriction of Proceedings Order/Vexatious Litigant Litigant had brought forty claims for (mainly) race discrimination against higher education institutions, trade unions and others and had made over forty appeals to EAT and been repeatedly criticised for way in which those proceedings and appeals had been conducted. Held: To have habitually and persistently … Continue reading Her Majesty’s Attorney General v Deman: EAT 1 Sep 2006
Commission decision – a reasonable denial of the right to education does not violate the Convention. Citations: 13477/87 Jurisdiction: Human Rights Cited by: Mentioned – Ali v The Head Teacher and Governors of Lord Grey School CA 29-Mar-2004 The student had been unlawfully excluded from school. The school had not complied with the procedural requirements … Continue reading Whitman v United Kingdom: ECHR 4 Oct 1989
Parents applied for secondary school places, indicating three single sex schools. This was from a clear religious conviction. The local authority allocated another place, without giving reasons, but did provide a pamphlet setting out its policy, which showed that one criterion was a preference for a single-sex school. Held: The need to respect religious views … Continue reading Regina (K) v Newham London Borough Council and Another: QBD 19 Feb 2002
When an appeal was lodged against the decision of the Special Educational Needs Tribunal, it was wrong for that Tribunal later to expand on its reasons, save in exceptional circumstances. Parental preference was not an overriding consideration, given the possible substantial costs of providing education in a special school. The tribunal must strike a balance, … Continue reading Oxfordshire County Council v GB and Others: CA 22 Aug 2001
Citations: [2019] EWFC B12 Links: Bailii Statutes: Education Act 1996 44491) Jurisdiction: England and Wales Education, Crime Updated: 17 June 2022; Ref: scu.635941
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed. Held: The appeal failed (Lord Carnworth dissenting). That the exact situation might not have … Continue reading The United States of America v Nolan: SC 21 Oct 2015
Appeal by the Council against a decision of the Special Educational Needs and Disability Tribunal relating to ‘IC’, a boy aged 5 years old who has global development delay and associated learning difficulties. Held: When deciding whether to provide the eduction requested by the parents rather than that specified in the statemen of educational needs, … Continue reading Slough Borough Council v C, Special Educational Needs and Disability Tribunal: QBD 22 Jul 2004
The child was subject to a statement of special educational needs. His parents expressed a preference for one mainstream school, but the authority allocated him to another. The court had been requested to give guidance on the meaning and effect of the sections at issue. Held: The process for recognising parental choice differed from the … Continue reading Regina on the Application of MH v the Special Educational Needs and Disability Tribunal, the London Borough of Hounslow: CA 25 Jun 2004
The employee had been dismissed. He began a claim for unfair dismissal, but also appealed within his employers’ procedure, accepting a demotion. The tribunal then found that he had not been dismissed. Held: There had been no dismissal. Had he not been re-instated, his dismissal would have ben unfair, but the appeal decision did not … Continue reading Roberts v West Coast Trains Ltd: CA 16 Jun 2004
The claimant Reynolds challenged the differential treatment by age of jobseeker’s allowance. Carson complained that as a foreign resident pensioner, her benefits had not been uprated. The questions in each case were whether the benefit affected a ‘possession’ within the Convention or the discrimination was arbitrary so as to breach the applicants human rights. Held: … Continue reading Carson and Reynolds v Secretary of State for Work and Pensions: CA 17 Jun 2003
News Group Newspapers Ltd had been joined as a party, in order that it could argue the obvious public interest relating to the importance, which has long been accepted in the courts, of the interest, not just of the press but of the public generally, in freedom of reporting and openness in court hearings. Discrimination … Continue reading Chessington World of Adventures Ltd v Reed: EAT 27 Jun 1997
The appellant was convicted of the crime of being a parent whose child had failed to attend school regularly. She challenged saying that the offence required no guilty act on her part, but was one of strict liability, and contrary to her human rights. Held: Although the offence is one of strict liability, there is … Continue reading Barnfather v London Borough of Islington Education Authority, Secretary of State for Education and Skills: QBD 7 Mar 2003
The duty to provide education is a personal right of the child which is not delegable by the Local Authority. Citations: Times 15-Oct-1996 Statutes: Education Act 1993 168 Jurisdiction: England and Wales Education, Local Government Updated: 05 June 2022; Ref: scu.88496
Hudoc Judgment (Merits and just satisfaction) No violation of Art. 3; No violation of Art. 9; No violation of P1-2; Violation of Art. 13+P1-2; Violation of Art. 13+9; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – Convention proceedingsA child was punished by her school for refusing to attend a National … Continue reading Valsamis v Greece: ECHR 18 Dec 1996
The court had to consider a permanent placement of a child with a view to adoption in oposition to the natural parents’ wishes. Held: Particular weight should be attached to the best interests of the child, which may override those of the parent: ‘These measures were particularly far-reaching in that they totally deprived the applicant … Continue reading Johansen v Norway: ECHR 7 Aug 1996
To exclude a child from school for as long as his parents refused to let him be beaten ‘cannot be described as reasonable and in any event falls outside the State’s power of regulation in article 2’. The Convention protects only religions and philosophies which are ‘worthy of respect in a ‘democratic society’ and are … Continue reading Campbell and Cosans v The United Kingdom: ECHR 25 Feb 1982
The court considered the criteria for determining whether the provision to guests by a hotelier of travel services (and in particular transport to and from the hotel and excursions) constituted supply which was ancillary to the supply of accommodation. Held: The provision applied not just to travel agents, but to all ‘traders who habitually arrange … Continue reading Commissioners of Customs and Excise v Madgett and Baldwin (trading as Howden Court Hotel): ECJ 22 Oct 1998
ECJ By making the grant of tideover allowances to young people seeking their first employment subject to the requirement of having completed their secondary education in an establishment subsidized or approved by it, a Member State imposes a condition which is likely to be more easily fulfilled by the children of its own nationals than … Continue reading Commission v Belgium: ECJ 12 Sep 1996
An employee at an educational establishment told management that he intended to undergo gender reassignment. He was given notice of dismissal. Held: The scope of the Directive was not confined to discrimination based on the fact that a person was of one or other sex but also extended to discrimination arising from the gender reassignment … Continue reading P v S and Cornwall County Council: ECJ 30 Apr 1996
Two foreign nationals with leave to remain in this country committed serious crimes. The Secretary of State ordered their deportation. Held: Where the deportation of a foreigner following a conviction here, would conflict with his human rights, the court had to assess whether the, first, the objective could be achieved by some alternative, less interfering, … Continue reading Samaroo and Sezek v Secretary of State for the Home Department: CA 17 Jul 2001
The Act obliged a local education authority to provide education for children too ill to attend school. The claimant suffered from ME, and received only five hours support, which the authority proposed to reduce in order to save money. The parents sought judicial review of the authority’s decision, saying they had taken an improper purpose … Continue reading T (a Minor), In Re 1997: HL 20 May 1998
The applicant sought the leasehold enfranchisement of two leasehold properties. They were contained in separate leases, but the property had been treated as one for some time. A part of one property extended under part of the other. The claim was resisted on the basis that there was more than one building as required by … Continue reading Malekshad v Howard De Walden Estates Limited: CA 23 May 2001
The applicant and his seventeen year old wife became homeless. They claimed housing assistance on the ground that the wife was a dependant child. Held: The authority succeeded. Though persons aged between 16 and 18 in full time education could, under the rules, be treated as dependent children according to the circumstances, the priority under … Continue reading London Borough of Hackney v Ekinci: CA 24 May 2001
The applicant sought assistance in getting to school by way of free transport. The education authority refused. He had moved school after racially motivated bullying. He was due to move to secondary school and sought to be sent to another racially mixed school, where again he would need financial assistance for his transport. Held: The … Continue reading Regina v Vale of Glamorgan County Council ex parte J: CA 27 Apr 2001
The governors of a voluntary controlled school were not the ratable occupiers of it, but rather the local education authority were. The devolution of a limited range of financial responsibility by the Education Act 1996 did not transfer the occupation or control of the schools. Judges: Roch, Sedley LJJ, Lord Lloyd of Berwick Citations: Gazette … Continue reading Kent County Council v Ashford Borough Council and others: CA 28 Jul 1999
Citations: [1999] EWHC Admin 789 Links: Bailii Statutes: Education Act 1996 Education, Costs Updated: 28 May 2022; Ref: scu.140053
The court was asked whether a school was entitled to refuse to allow a Muslim girl to wear the niqab full face veil at school. The reasons were ‘first educational factors resulting from a teacher being unable to see the face of the girl with a niqab; second the importance of a uniform policy as … Continue reading X, Regina (on the Application of) v Y School: Admn 21 Feb 2007
Gilliatt The parents of a child with profound and multiple learning difficulties provided evidence to the SENT from a psychologist that the child needed access to a 24 hour curriculum. There was also clear evidence that many of the family’s difficulties in caring for the child arose from their personal circumstances including inadequate housing and … Continue reading Regina v City of Wakefield Metropolitan District Council and Michael Dorsey, Special Educational Needs Tribunal ex parte Karen Lisa Greenwood: Admn 29 Jan 1998
Gilliatt The court heard three separate appeals from decisions of SENTs where parents wished their autistic children to attend the Boston Higashi School, USA which involved a residential placement. Fees to attend this establishment exceeded andpound;50,000 a year. The court held that there was no duty on the LEA or the SENT under the Education … Continue reading Robert Duhaney White v London Borough of Ealing and Special Educational Needs Tribunal: Admn 8 Jul 1997
The applicant’s child had been offered a place by the respondent. The offer was withdrawn. Held: The school when deciding was entitled to look to the need for efficiency in education. On appeal, the committee may go against that need. The appeal committee refused the child’s appeal on the grounds of efficiency. Many more children … Continue reading Regina v Beatrix Potter School ex parte Kanner: Admn 20 Dec 1996
Application to quash the Secretary of State’s refusal to declare void a ballot as to the future status as grant maintained of a school. Citations: [1996] EWHC Admin 351 Links: Bailii Statutes: Education Act 1993 31(2) Education Updated: 25 May 2022; Ref: scu.136899
Local Authority had a duty to meet additional costs of providing for pupil’s special needs. Citations: Times 09-Jan-1997, [1996] EWHC Admin 342 Links: Bailii Statutes: Education Act 1993 168(5)(a)(i) Education Updated: 25 May 2022; Ref: scu.136890
The claimant’s statement of special educational needs had said that he should attend an ‘appropriate school or other arrangements’. The defendant had altered this to specify his attendance at a particular school. Judges: Hidden J Citations: [1996] EWHC Admin 163 Links: Bailii Statutes: Education Act 1981 8(6) Education Updated: 25 May 2022; Ref: scu.136711
Citations: [1996] EWHC Admin 168 Links: Bailii Statutes: Education Act 1993 Jurisdiction: England and Wales Education Updated: 25 May 2022; Ref: scu.136716
The Court should be ready to refuse any application made on a ground previously rejected. Citations: Times 18-Oct-1996, [1996] EWHC Admin 105 Links: Bailii Litigation Practice Updated: 25 May 2022; Ref: scu.136653
A grant of land was made under the 1841 Act in 1872 (after the 1870 Act) and the school had in 1874 been transferred to a school board under section 23 of the 1870 Act. The school closed permanently in 1992. The issue was whether reverter had occurred in 1874, with the result that the … Continue reading Fraser and Another v Canterbury Diocesan Board Of Finance (No 1): CA 24 Nov 2000
The defendant was charged with offences for having been in possession of a document or record containing information of a kind ‘likely to be useful to a person committing or preparing an act of terrorism’. It was thought he was associated with a terrorist plan to attack the government of Libya. The defendant argued that … Continue reading Regina v F: CACD 16 Feb 2007
Where the representative of the chief education officer of the local authority had acted in disciplinary proceedings against a teacher, it would be contrary to natural justice for him to exercise his statutory power to retire with the committee who were to deliberate on the outcome of the hearing. The panel had the right to … Continue reading Regina v Secretary of State for Education and Employment and Another, Ex Parte McNally: CA 12 Mar 2001
The House considered the need when assessing community care provision to include considerations of the cost and resources for care. The case concerned a question about the relevance of cost and arose in the context of a duty to make certain arrangements where a local authority is satisfied this is ‘necessary’ in order to meet … Continue reading Regina v Gloucestershire County Council and Another, Ex Parte Barry: HL 21 Mar 1997
An employee did not return to work after a presentation to him of a good service award, because he had drunk alcohol. A new policy required staff not to return to work after consuming alcohol, but had also said that alcohol would not be provided. Held: The tribunal had failed to look properly at how … Continue reading Haddon v Van Den Bergh Foods Ltd: EAT 10 Nov 1999
In deciding whether to make a special needs assessment, a local education authority can allow for the fact that parents have made available to their child privately special assistance, which, if continued, might allow the child to lead a normal school life. Citations: Times 27-May-1999 Statutes: Education Act 1996 323 Education Updated: 19 May 2022; … Continue reading C v Lambeth London Borough Council and Another: QBD 27 May 1999
The claimant asked the education authority to provide education for a child with special needs. The parent expressed a preference for a school outside the authority’s area. The question at issue was, when deciding whether such a placement would be an effective use of the resources, the effect of the placement on both authorities was … Continue reading B v Harrow London Borough Council and Another: HL 8 Jan 1992
The council had taken the applicant’s children into care alleging that the mother had harmed them. In the light of the subsequent cases casting doubt on such findings, the mother sought the return of her children. She applied now that the hearings be in public. Held: The applicant and her solicitors had already made significant … Continue reading Kent County Council v The Mother, The Father, B (By Her Children’s Guardian); Re B (A Child) (Disclosure): FD 19 Mar 2004
(Commission) The applicant was a civil servant and a Seventh-day Adventist. He was dismissed for his refusal to continue working after sunset on Fridays. His contract required him to work on Friday evenings after sunset. Held: The claim was manifestly ill-founded. The applicant had a duty to accept certain obligations to the State employer, including … Continue reading Konttinen v Finland: ECHR 3 Dec 1996
