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 enlargement of the time to commence the action.
Held: The appeal failed. It had no prospect of success if it was allowed to proceed. Sedley LJ said that it was not possible ‘to spell out of this unhappy interlude, with its undoubtedly adverse consequences for both A and his parents, either a failure of the education system or a denial of access to it.’
Judges:
Ward, Sedley, Hughes LJJ
Citations:
[2008] EWCA Civ 364, [2009] LGR 182
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Appeal From – A J S B v Essex County Council and others QBD 13-Jul-2007
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.
Cited by:
Appeal from – 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: 14 July 2022; Ref: scu.266869
