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 school must also follow the rules. The duty on the local authority was a fallback duty. The school had failed to make a decision within the 45 day limit on temporary exclusions. The concession that a head teacher of a publicly maintained school was exercising a public role was correct.
Judges:
Lord Justice Clarke Lord Justice Sedley The President
Citations:
[2004] EWCA Civ 382, Times 09-Apr-2004, Gazette 08-Apr-2004, [2004] QB 1231
Links:
Statutes:
European Convention on Human Rights, Education Act 1996 19, School Standards and Framework Act 1998
Jurisdiction:
England and Wales
Citing:
Appeal from – Ali v Head and Governors of Lord Grey School QBD 27-Jun-2003
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 . .
Cited – Parochial Church Council of the Parish of Aston Cantlow and Wilmcote with Billesley, Warwickshire v Wallbank and another HL 26-Jun-2003
Parish Councils are Hybrid Public Authorities
The owners of glebe land were called upon as lay rectors to contribute to the cost of repairs to the local church. They argued that the claim was unlawful by section 6 of the 1998 Act as an act by a public authority incompatible with a Convention . .
Cited – Relating to certain aspects of the laws on the use of languages in education in Belgium (Belgian Linguistics) No 2 ECHR 9-Feb-1967
The applicants, parents of more than 800 Francophone children, living in certain (mostly Dutch-speaking) parts of Belgium, complained that their children were denied access to an education in French.
Held: In establishing a system or regime to . .
Cited – Campbell and Cosans v The United Kingdom ECHR 25-Feb-1982
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 . .
Mentioned – Whitman v United Kingdom ECHR 4-Oct-1989
Commission decision – a reasonable denial of the right to education does not violate the Convention. . .
Cited – In re L (a minor by his father and litigation friend); Regina v Governors of J School, ex parte L HL 27-Feb-2003
A pupil had been excluded from school, then ordered to be re-instated by the independent appeal panel. The teachers’ union objected to his return to the school. The head-teacher arranged for him to be taught and supervised at school by a non-union . .
Cited – Yanasik v Tukey ECHR 1994
(Commission) A reasonable denial of the right to education does not violate the Convention. . .
Cited – Sulak v Turkey ECHR 1996
(Commission) A reasonable denial of the right to education does not violate the Convention. . .
Cited – Regina v Secretary of State for the Home Department ex parte Anufrijeva HL 26-Jun-2003
The appellant challenged the withdrawal of her benefits payments. She had applied for asylum, and been granted reduced rate income support. A decision was made refusing her claim, but that decision was, by policy, not communicated to her for several . .
Cited by:
Cited – Begum, Regina (on the Application of) v Denbigh High School Admn 15-Jun-2004
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 . .
Cited – SB, Regina (on the Application of) v Denbigh High School CA 2-Mar-2005
The applicant, a Muslim girl sought to be allowed to wear the gilbab to school. The school policy which had been approved by Muslim clerics prohibited this, saying the shalwar kameeze and headscarf were sufficient. The school said she was making a . .
Appeal From – 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 Court of Appeal – 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: 10 June 2022; Ref: scu.195018