The claimant had been expelled from school unlawfully, and now sought damages for the breach of his right to an education.
Held: The claimant had received and had refused appropriate offers of alternate schools. The duty was imposed generally on the state, not on any particular school. If the unavailablity of education was the fault of inaction of the local authority, then it would be responsible, but if the parents refused an alternative school, no claim for damages could lie, and the question of whether the expulsion was unlawful was not relevant.
Stanley Burnton J
Times 14-Aug-2003, Gazette 11-Sep-2003, [2003] EWHC 1533 (QB), [2003] 4 All ER 1317
European Convention on Human Rights P1A2, Human Rights Act 1998 8, Education (School Government) (Terms of Reference) (England) Regulations 2000
England and Wales
Cited by:
Appeal from – 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 imposed by the Act.
Held: Though the 1996 Act placed the responsibilty for exclusion upon the local authority, the head and . .
At First Instance – Ali v Head Teacher and Governors of Lord Grey School HL 22-Mar-2006
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 . .
At first instance – Ali v United Kingdom ECHR 11-Jan-2011
The applicant had been excluded from school after a fire for which he was suspected pending completion of the police enquiry, which extended beyond the maximum allowed. Though the investigation was completed with no action against him, the scholl . .
Lists of cited by and citing cases may be incomplete.
Education, Human Rights
Updated: 12 January 2022; Ref: scu.185658