The defendant local authorities sought summary judgment against the claims brought by the claimants who said that their exclusions from schools infringed their human rights. Each claimant was subject to a special educational needs statement.
Held: The actions should be struck out on the ground that they had no realistic prospect of success; but, since the claim had been brought out of time, for reasons which the court went on to give he would in any event not have granted the necessary enlargement of time.
Field J
[2007] EWHC 1652 (QB)
Bailii
Education Act 1996
England and Wales
Cited by:
Appeal From – A v Essex County Council CA 16-Apr-2008
The claimants had been excluded from school in ways which they said infringed their human rights. They now appealed against a striking out of their claims given on the ground that the claim had no prospect of success. The claimants also needed . .
At First Instance – A v Essex County Council SC 14-Jul-2010
The claimant, a severely disabled child sought damages, saying that for well over a year, the local authority had made no provision for his education.
Held: His appeal against the striking out of his action failed. The correct approach had . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Education
Updated: 07 December 2021; Ref: scu.254585