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 continued the exclusion until a meeting, but when the parents did not attend, his name was removed from the school register. When several months later the father requested his re-instatement, the place had been re-allocated. The House of Lords had not upheld his complaint.
Held: The applicants Protocol 1 article 2 rights had not been violated. Ali’s exclusion had been proportionate to the legitimate aim pursued and had not interfered with his right to education. The right to education under the Convention comprised access to an educational institution as well as the right to obtain, in conformity with the rules in each State, official recognition of the studies completed. Any restriction imposed on it had to be foreseeable for those concerned and pursue a legitimate aim. At the same time, the right to education did not necessarily entail the right of access to a particular educational institution and it did not in principle exclude disciplinary measures such as suspension or expulsion in order to comply with internal rules. The exclusion had originally been in accordance with the law, and, had the parents responded, the applicant’s education could have been resolved much more quickly, and they had refused alternate education on his behalf.
Mijovic P
40385/06
ECHR
European Convention on Human Rights P1.2
Human Rights
Citing:
At first instance – 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 . .
At Court of Appeal – 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 House of Lords – 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 . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Children, Education
Leading Case
Updated: 01 November 2021; Ref: scu.511024
