Regina v East Sussex County Council ex parte Beth Tandy: Admn 23 Apr 1997

Citations:

[1997] EWHC Admin 401

Links:

Bailii

Citing:

Appealed toRegina v East Sussex County Council ex parte Tandy CA 31-Jul-1997
A local education authority may properly take into account the financial resources available to it when setting the norm of standards of service and then apply that norm. . .

Cited by:

Appeal fromRegina v East Sussex County Council ex parte Tandy CA 31-Jul-1997
A local education authority may properly take into account the financial resources available to it when setting the norm of standards of service and then apply that norm. . .
Lists of cited by and citing cases may be incomplete.

Education, Local Government

Updated: 25 May 2022; Ref: scu.137346

Regina v Beatrix Potter School ex parte Kanner: Admn 20 Dec 1996

The applicant’s child had been offered a place by the respondent. The offer was withdrawn.
Held: The school when deciding was entitled to look to the need for efficiency in education. On appeal, the committee may go against that need. The appeal committee refused the child’s appeal on the grounds of efficiency. Many more children had applied for places than were available, and many more had succeeded at appeal. The school needed urgently to reduce the numbers, and claimed the offer had been made without authority. Then arrangements were made to increase capacity, and two children who had been offered places withdrew. The appeal was on the ground of the school’s failure to take account of parental choice, and on the legitimate expectation created.
Held: It was impossible to describe the withdrawal of the offer as Wednesbury unreasonable, and the appeal failed.

Citations:

[1996] EWHC Admin 397

Links:

Bailii

Statutes:

Education Act 1980 6, Education Reform Act 1988 26

Citing:

CitedRegina v Inland Revenue Commission ex parte Preston; In re Preston HL 1984
Duty of Fairness to taxpayer – Written Assurance
The applicant was assured by the Inland Revenue that it would not raise further inquiries on certain tax affairs if he agreed to forgo interest relief which he had claimed and to pay a certain sum in capital gains tax.
Held: Where the . .
CitedRegina v Inland Revenue Commissioners Ex Parte Matrix Securities Ltd HL 14-Mar-1994
The applicant had obtained what it thought to be clearance from the Revenue for a complex scheme, whose effectiveness depended on whether investors would qualify for capital allowances. The Inspector initially gave a favourable assurance, but that . .
Lists of cited by and citing cases may be incomplete.

Education, Administrative

Updated: 25 May 2022; Ref: scu.136945

Knight v Dorset County Council: Admn 20 Dec 1996

Citations:

[1996] EWHC Admin 392, Trans. Ref: CO 1110-96

Links:

Bailii

Cited by:

CitedDavid Lannigan v Glasgow City Council OHCS 12-Aug-2004
The pursuer said the teachers employed by the defendant had failed to identify that was dyslexic, leading him to suffer damage. The defenders said the claim was time barred, which the pursuer admitted, but then said that the claim ought to go ahead . .
Lists of cited by and citing cases may be incomplete.

Education, Negligence

Updated: 25 May 2022; Ref: scu.136940

Regina v Special Educational Needs Tribunal ex parte Karen Lane: Admn 13 Dec 1996

Gilliatt A parent of a child with cerebral palsy challenged the decision of the LEA to nominate a particular school for the child, whereas the parent preferred an alternative placement. Her argument was the school recommended by the LEA was unable to provide speech and language therapy, physiotherapy and occupational therapy. It had been plain from the outset that this was her argument. However, the President of the SENT indicated by letter that he would not allow this argument to be run unless the notice of appeal was amended and ultimately refused to allow the notice to be amended. The court held that no amendment was required and the LEA had been quite able to work out what the parent’s argument was. The President’s decision was thereby quashed. The court also expressed a view in passing that it seemed clear from the evidence that the parents concerns about the lack of appropriate provision for the child at the LEA’s preferred school were justified.

Judges:

Mr Justice Popplewell

Citations:

[1996] EWHC Admin 366

Links:

Bailii

Education

Updated: 25 May 2022; Ref: scu.136914

Kirsty Jane Russell v Royal Borough of Kingston Upon Thames v Stewart Hunter (Chairman of Special Educational Needs Tribunal (26th June 1996): Admn 6 Nov 1996

Gilliatt Parents appealed against the decision of the SENT which approved the placement recommendation in a statement of special educational needs to the effect that the child should be educated in a Pupil Referral Unit (with a gradual introduction into mainstream schooling) rather than a specialist boarding school which was the parents’ preferred choice. It was recommended that the child’s schooling should involve no disapplication of the National Curriculum. The PRU could not provide access to the National Curriculum. The child was not yet ready for an ordinary mainstream school. The court quashed the decision of the SENT, and sent the case back down for rehearing.

Judges:

Mr Justice McCullough

Citations:

[1996] EWHC Admin 200

Links:

Bailii

Education

Updated: 25 May 2022; Ref: scu.136748

Regina v Buckinghamshire County Council ex parte Milton Keynes Borough Council: Admn 28 Oct 1996

Application was made to review the decision of Buckinghamshire to establish a grammar school within Milton Keynes. Responsibility for education within Milton Keynes was to be transferred to them shortly, and the cost of completing th eproject would fall upon them.
Held: It was not established that the respondents did not intend to establish the school. To hold so would introduce a false distinction as to the identity of an education authority. Nor was it possible to say that the authority had not properly considered the result of the consultation.

Judges:

Ognall J

Citations:

[1996] EWHC Admin 158

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedRegina v Waltham Forest London Borough Council, Ex parte Baxter CA 1988
Challenge was made to the way the Council set its rate. Prior to the decision, the majority group held a private meeting at which a decision was reached following a vote on the appropriate increase. It was then the duty of the members to vote in . .
Lists of cited by and citing cases may be incomplete.

Education

Updated: 25 May 2022; Ref: scu.136706

Fraser and Another v Canterbury Diocesan Board Of Finance (No 1): CA 24 Nov 2000

A grant of land was made under the 1841 Act in 1872 (after the 1870 Act) and the school had in 1874 been transferred to a school board under section 23 of the 1870 Act. The school closed permanently in 1992. The issue was whether reverter had occurred in 1874, with the result that the claim of those interested under the reverter had long since become statute barred. The original grant under the 1841 Act followed the National Society standard form.

Judges:

Lord Justice Peter Gibson Lord Justice Mummery Lord Justice Latham

Citations:

Times 09-Jan-2001, Gazette 25-Jan-2001, [2001] Ch 669, [2000] EWCA Civ 460

Links:

Bailii

Statutes:

School Sites Act 1841

Jurisdiction:

England and Wales

Citing:

DisapprovedMarchant and Others v Onslow ChD 12-Nov-1993
School site reverts to original grantors when land is not part of an estate. . .
Appeal fromFraser and Another v Canterbury Diocesan Board of Finance ChD 22-Feb-2000
Where land had been acquired under the Act on trusts related specifically to the provision of education in accordance with a specified religion, the abandonment by the school of that purpose meant that the land reverted immediately to the original . .
ApprovedHabermehl v Attorney General 1996
Land was granted for use as a school for the education of poor persons in accordance with the principles of the National Society. In 1876 the school had become a ‘provided school’ run by a School Board under the Education Act 1870. That meant that, . .

Cited by:

CitedRector of Wrington and The Bath and Wells Diocesan Board of Finance v Jenkinson and Others ChD 26-Feb-2002
Land having been conveyed under the Act, and it no longer being needed as a school, it had to be decided to whom the land reverted.
Held: The tracing of beneficiaries had to be in the basis under section 2, that the land had never been so . .
See AlsoFraser and Another v Canterbury Diocesan Board of Finance and Another Chd 14-May-2003
The claimants sought to assert that land acquired under the 1841 Act reverted to them on its ceasing to be used for the purposes of a school. Lewison J summarised the evidence: ‘An analysis of the school registers for 1931 to 1947 shows that the . .
CitedFraser and Another v Canterbury Diocesan Board of Finance and others HL 27-Oct-2005
Land had been acquired by a deed under the 1841 Act, but had in 1995 ceased to be used as a school ‘for the education of children and adults of the labouring manufacturing and other poorer classes . . And for no other purpose ‘. Under the Act, the . .
Lists of cited by and citing cases may be incomplete.

Education, Land, Limitation, Land

Updated: 23 May 2022; Ref: scu.135660

Dolan and Others v Secretary of State for Health and Social Care and Another: Admn 6 Jul 2020

Challenge to closures of schools and other provisions taken under the Regulations.
Held: The Secretary of State had the legal power to make the Regulations. In making and maintaining the Regulations, he had not fettered his discretion. He had had regard to relevant considerations. He has not acted irrationally. He has not acted disproportionately. Permission to apply for judicial review on grounds 1 and 2A, 2B, 2C and 2D in the amended claim form was refused.
The claim for deprivation of liberty was unarguable.

Judges:

Lewis J

Citations:

[2020] EWHC 1786 (Admin)

Links:

Bailii

Statutes:

Health Protection (Coronavirus, Restrictions) (England) Regulations 2020

Jurisdiction:

England and Wales

Citing:

CitedGuzzardi v Italy ECHR 6-Nov-1980
The applicant, a suspected Mafioso, had been detained in custody pending his trial. At the end of the maximum period of detention pending trial, he had been taken to an island where, he complained, he was unable to work, keep his family permanently . .
CitedSecretary of State for the Home Department v JJ and others HL 31-Oct-2007
The Home Secretary appealed against a finding that a non-derogating control order was unlawful in that, in restricting the subject to an 18 hour curfew and otherwise severely limiting his social contacts, the order amounted to such a deprivation of . .

Cited by:

Appeal fromDolan and Others, Regina (on The Application of) v Secretary of State for Health and Social Care and Another CA 1-Dec-2020
Lockdown Measures not Ultra Vires the 1984 Act
The appellants, a businessman, and mother, appealed from refusal of leave to challenge regulations made in response to the Covid-19 pandemic on 26 March 2020 and since which introduced what was commonly known as a ‘lockdown’ in England. They . .
Lists of cited by and citing cases may be incomplete.

Education, Judicial Review

Updated: 22 May 2022; Ref: scu.652241

Jones, Regina (on The Application of) v Denbighshire County Council: Admn 12 Aug 2016

Challenge to decision to close two primary schools.

Citations:

[2016] EWHC 2074 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also (in Welsh)Jones, Regina (Y Frenhines Ar Gais) v Cyngor Sir Ddinbych Admn 12-Aug-2016
(Judgment in Welsh) Application to challenge order for closusure of two primary schools. . .
Lists of cited by and citing cases may be incomplete.

Wales, Education

Updated: 22 May 2022; Ref: scu.568837

London Oratory School v The Schools Adjudicator: Admn 12 Aug 2005

Challenge by one school to the admission policy of a second school.

Judges:

Mr Justice Crane

Citations:

[2005] EWHC 1842 (Admin), [2005] ELR 162

Links:

Bailii

Statutes:

School Standards and Framework Act 1998 90

Jurisdiction:

England and Wales

Cited by:

See AlsoLondon Oratory School, Regina (on The Application of) v The School Adjudicator and Another Admn 17-Apr-2015
The school challenged a determination that it had failed to fufil its statutory requirement to set admissions criteria.
Held: The request for judicial review succeeded. The school had shown: ‘i) The Adjudicator applied too stringent a test . .
Lists of cited by and citing cases may be incomplete.

Education

Updated: 22 May 2022; Ref: scu.229750

Regina v Dyfed County Council Ex Parte S (Minors): CA 25 Jul 1994

No objection was to be taken for English children sent to mainly Welsh speaking school. They were not entitled to transport to a school with a greater number of English speakers.

Citations:

Independent 12-Aug-1994, Times 25-Jul-1994

Jurisdiction:

England and Wales

Citing:

Appeal fromRegina v Dyfed County Council Ex Parte S (Minors) QBD 21-Dec-1993
No Judicial Review was available for English speaking children who had allocated to a Welsh speaking school. . .

Cited by:

CitedJones, Regina (on the Application of) v Ceredigion County Council Admn 22-Jun-2004
The parents lawfully chose to send their child to a Welsh language school. The authority refused to provide free transport on the basis that a nearer school was available even though it was not a Welsh language school.
Held: Provided the . .
Lists of cited by and citing cases may be incomplete.

Education, Discrimination

Updated: 20 May 2022; Ref: scu.86597

Timishev v Russia: ECHR 13 Dec 2005

The applicant complained of an alleged infringement of his Article 2 rights. His children had been excluded from school because he was not registered as resident in the area. His appeal to the domestic courts was dismissed, although the Government subsequently conceded that the exclusion was unlawful by Russian law. There was no suggestion that any alternative education had been available.
Held: ‘[T]he Convention and its Protocols do not tolerate a denial of the right to education. The Government confirmed that Russian law did not allow the exercise of that right by children to be made conditional on the registration of their parents’ residence. It follows that the applicant’s children were denied the right to education provided by domestic law. Their exclusion from school was therefore incompatible with the requirements of Article 2 of Protocol No 1.’

Citations:

55762/00, 55974/00, [2005] ECHR 858

Links:

Worldlii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Citing:

CitedRelating 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 by:

CitedAli 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, Education

Updated: 20 May 2022; Ref: scu.239567

Regina v Islington London Borough Council, ex parte G A (a Child): Admn 20 Oct 2000

The child was severely disabled and was to be schooled as a weekday boarder 75 miles from home. He sought assistance with the travelling expenses when his condition worsened and the arrangements became more burdensome.
Held: It was not open to a local authority to refuse to contribute to a child’s travelling expenses to a school named in his statement, on the basis that he might attend another school nearby which was not named as appropriate in his statement of special educational needs, or to make attendance conditional upon an agreement regarding payment by the parents of travelling expenses. The council’s decision was Wednesbury unreasonable since they had failed to consider the changes in the child’s transport needs since the statement was made, and the parents’ financial circumstances. Any bar to a judicial review operated against the parents not the child. ‘the matter must go back to the authority which must reconsider its decision giving proper consideration to all the changes of circumstances and not taking into account of its belief that G.A.’s needs could be met at a local school not named in the statement.’

Judges:

Jack Heatson QC

Citations:

Times 20-Oct-2000, [2000] EWHC Admin 390

Links:

Bailii

Statutes:

Education Act 1996 324(5)(a)(ii), 19 509

Citing:

CitedRegina v London Borough of Havering ex parte ‘K’ Admn 20-Aug-1997
A statement of special education needs stated in Part IV that the child’s mother was to be responsible for providing transport at her own expense. She subsequently became unable to maintain the transport provision due to her personal circumstances . .
CitedSurrey County Council v Ministry of Education 1953
The council had a scheme whereby for those who lived more than the walking distance from a school, only transport from their homes to the walking distance would be free. The scheme failed because transport has to be to and from school. A local . .
CitedRegina v Devon County Council, ex parte George HL 1989
A child lived 2.8 miles from school. The journey was rural and unlit. Whe he was 8, the education authority withdrew free transport saying it was practicable for a parent to walk with him.
Held: The decision whether to offer support was that . .
CitedRegina v East Sussex County Council Ex Parte T QBD 29-Apr-1997
Financial constraints on a local authority may be is relevant as between a choice of provisions but not as to whether to make provision at all. The court is not the arbiter of what constitute suitable arrangements and the decision as to suitability . .
CitedRobert Duhaney White v London Borough of Ealing and Special Educational Needs Tribunal Admn 8-Jul-1997
Gilliatt The court heard three separate appeals from decisions of SENTs where parents wished their autistic children to attend the Boston Higashi School, USA which involved a residential placement. Fees to attend . .
CitedJenkins v Howells KBD 1949
A pupil had been continuously away from school because her mother was a chronic invalid and it was necessary for the girl to assist with housework. When the mother was prosecuted pursuant to the Act, she contended that her daughter’s absence was the . .
CitedRe C (a minor) CA 1994
The question was whether a school which was not that of parental choice could be regarded as suitable or, to put it the other way round, whether free transport had to be provided where a parent had chosen a school which was not the nearest to the . .
Lists of cited by and citing cases may be incomplete.

Education, Judicial Review

Updated: 19 May 2022; Ref: scu.88513

Regina v Secretary of State for Education and Employment and Another, Ex Parte McNally: CA 12 Mar 2001

Where the representative of the chief education officer of the local authority had acted in disciplinary proceedings against a teacher, it would be contrary to natural justice for him to exercise his statutory power to retire with the committee who were to deliberate on the outcome of the hearing. The panel had the right to ask the representative to withdraw in certain circumstances. There was no advice he could give to the panel members which would not better have been given in the presence of the teacher. The decision to exclude the representative was not unreasonable.

Citations:

Times 23-Mar-2001, Gazette 11-May-2001, [2001] EWCA Civ 332

Links:

Bailii

Statutes:

Education Act 1996 496 97

Jurisdiction:

England and Wales

Education, Administrative, Natural Justice

Updated: 19 May 2022; Ref: scu.88602

P v National Association of School Masters/Union of Women Teachers: CA 25 May 2001

Industrial action taken by teachers refusing to teach a disruptive pupil was related to their terms and conditions of employment. Encouragement to take such action by the teachers’ union made the union responsible for such action. The breach related to a refusal to comply with the employer’s requests as to the manner and circumstances of performance of the employment contract obligations. Nevertheless, an accidental failure to ballot each and every union member of staff, was not sufficient to remove the union’s exemption of liability where the mistake if corrected would clearly have made no difference to the result of the ballot.

Citations:

Times 25-May-2001, [2001] ICR 1241, [2001] EWCA Civ 652

Links:

Bailii

Statutes:

Trade Union and Labour Relations (Consolidation) Act 1992 235A 232B

Jurisdiction:

England and Wales

Citing:

Appeal fromP v National Association of School Masters/Union of Women Teachers QBD 3-May-2001
Action taken by teachers to refuse to teach a disruptive pupil was in the nature of industrial action. Encouragement to take such action by the teachers’ union made the union responsible for such action. The breach related to a refusal to comply . .

Cited by:

Appeal fromIn re P (a minor by his mother and litigation friend); P v National Association of Schoolmasters/Union of Women Teachers HL 27-Feb-2003
The pupil had been excluded from school but then ordered to be re-instated. The teachers, through their union, refused to teach him claiming that he was disruptive. The claimant appealed a refusal of an injunction. The injunction had been refused on . .
Lists of cited by and citing cases may be incomplete.

Employment, Education

Updated: 19 May 2022; Ref: scu.84523

Nash v Chelsea College of Art and Design: QBD 11 Jul 2001

A student’s appeal against her examination marking was heard, but the reasons were only given some months later.
Held: When looking to see whether those reasons should be admitted, a court should be careful before accepting late reasons, particularly where there was a statutory duty to give them. In the absence of such a duty the court should consider any inconsistency between the original and late reasons, whether it was clear that they were the original reasons of the whole committee, whether the reasons were a genuine expression of the original decision, or were a retrospective justification of the original decision, the extent of the delay, the circumstances in which the reasons were produced, and the qualifications and experience of the tribunal members. In this case the reasons were accepted.
Stanley Burnton J said: ‘it is one thing to require comprehensiveness and clarity from lawyers and those who regularly sit on administrative tribunals; it is another to require those qualities of occasional non-lawyer tribunal chairmen and members.’
Stanley Burnton J considered the applicable principles where the adequacy of the reasons is not itself a condition of the legality of the decision, in the following terms: ‘The relevant considerations include the following which to a significant degree overlap:
(a) Whether the new reasons are consistent with the original reasons.
(b) Whether it is clear that the new reasons are indeed the original reasons of the whole committee.
(c) Whether there is a real risk that the later reasons have been composed subsequently in order to support the tribunal’s decision, or are a retrospective justification of the original decision . .
(d) The delay before the later reasons were put forward.
(e) The circumstances in which the later reasons were put forward. In particular, reasons put forward after the commencement of proceedings must be treated especially carefully. Conversely, reasons put forward during correspondence in which the parties are seeking to elucidate the decision should be approached more tolerantly.’

Judges:

Stanley Burnton J

Citations:

Times 25-Jul-2001, [2001] EWHC Admin 538

Links:

Bailii

Cited by:

Appeal fromNash v Chelsea College of Art and Design CA 24-Jan-2002
Application for permission to appeal against the decision: ‘The claimant, Miss Aletta Nash, complains of the second year assessment that she received in her course at the Chelsea College of Art, the respondent. That assessment was made as long ago . .
CitedZaiwalla and Co (a Firm) v Walia EAT 24-Jul-2002
The claimant sought aggravated damages for the aggressive way the respondent firm had defended her action for sex discrimination.
Held: In exceptional circumstances, and this was one, the tribunal could award additional damages where a . .
CitedClive Rees Associates, Solicitors, Regina (on The Application of) v Swansea Magistrates Court and Another Admn 30-Nov-2011
The claimant solicitors challenged a decision of the respondents to transfer legal aid orders for the representation of clients to a second frm of solicitors.
Held: The court considered the various cases, finding three decisions unlawful and . .
UsefulHamasour, Regina (on The Application of) v Secretary of State for The Home Department (Supplementary Decision Letter – Effect) UTIAC 13-Jul-2015
Immigration Judicial Review – The decision in Nash v Chelsea College of Art and Design [2001] EWHC 538 (Admin) may provide a useful tool on the issue of whether a supplementary decision letter amounts to a fresh decision, or whether it merely . .
Lists of cited by and citing cases may be incomplete.

Administrative, Education

Updated: 19 May 2022; Ref: scu.84171

C v Lambeth London Borough Council and Another: QBD 27 May 1999

In deciding whether to make a special needs assessment, a local education authority can allow for the fact that parents have made available to their child privately special assistance, which, if continued, might allow the child to lead a normal school life.

Citations:

Times 27-May-1999

Statutes:

Education Act 1996 323

Education

Updated: 19 May 2022; Ref: scu.78808

Bradford-Smart v West Sussex County Council: QBD 5 Dec 2000

A school had a duty to protect its pupils from bullying, but that duty stopped at the school gate. Even though the school might know of the bullying, it would not be practical, nor just, nor fair, nor reasonable, to extend its duty in such a way. The school should take effective defensive measure, as regards what happened within the school. It could choose to take pro-active measures beyond that, but it should not be obliged to do so.

Citations:

Gazette 15-Dec-2000, Times 05-Dec-2000

Negligence, Education

Updated: 18 May 2022; Ref: scu.78544

B v Harrow London Borough Council and Another: HL 8 Jan 1992

The claimant asked the education authority to provide education for a child with special needs. The parent expressed a preference for a school outside the authority’s area. The question at issue was, when deciding whether such a placement would be an effective use of the resources, the effect of the placement on both authorities was to be considered. It was held that the Act allowed only the circumstances of the placing authority to be taken into account.

Citations:

Gazette 08-Jan-1992

Statutes:

Education Act 1996

Local Government, Education

Updated: 18 May 2022; Ref: scu.78059

Yasanik v Turkey: ECHR 1993

(Commission) The applicant had been expelled from a military academy, and complained of the infringement of his article 2 rights.
Held: There was no denial of the right to education because the Turkish education system also included civilian establishments in which he could enrol.

Citations:

(1993) 74 DR 14

Statutes:

European Convention on Human Rights A2

Jurisdiction:

Human Rights

Cited by:

CitedAli 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, Education

Updated: 17 May 2022; Ref: scu.239614

Karaduman v Turkey: ECHR 1993

(Commission) The applicant had been refused a certificate of graduation because the school required a photograph of her without a headscarf and she was unwilling for religious reasons to be photographed without a headscarf.
Held: There had been no interference with her article 9 right in that ‘by choosing to pursue her higher education in a secular university a student submits to those university rules, which may make the freedom of students to manifest their religion subject to restrictions as to place and manner intended to ensure harmonious coexistence between students of different beliefs’.

Citations:

(1993) 74 DR 93

Statutes:

European Convention on Human Rights 9

Jurisdiction:

Human Rights

Cited by:

CitedBegum (otherwise SB), Regina (on the Application of) v Denbigh High School HL 22-Mar-2006
The student, a Muslim wished to wear a full Islamic dress, the jilbab, but this was not consistent with the school’s uniform policy. She complained that this interfered with her right to express her religion.
Held: The school’s appeal . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Education

Updated: 17 May 2022; Ref: scu.239616

Re M’s application: CANI 2004

The court spoke of the practical need for a power for a school to suspend as a precautionary measure: ‘We consider that it is entirely proper for a principal to suspend a pupil who may face the prospect of expulsion if the allegations made against him are substantiated for the purpose of having the case against the pupil explored. One need only instance a simple example to demonstrate the inevitability of that conclusion. If a pupil was alleged to have assaulted a teacher, it would be inconceivable that the principal should not be able to suspend the pupil pending a full investigation of the incident or a final decision as to what the ultimate punishment should be.’

Judges:

Kerr LCJ, Nicholson and Campbell LJJ

Citations:

[2004] NICA 32

Jurisdiction:

Northern Ireland

Cited by:

CitedJR17 for Judicial Review (Northern Ireland) SC 23-Jun-2010
The appellant was excluded from school. A female pupil related her fear of him to a teacher, but would not make a formal complaint, and the appellant was not to be told of the report or the investigation of it. There was said to have been confusion . .
Lists of cited by and citing cases may be incomplete.

Northern Ireland, Education

Updated: 15 May 2022; Ref: scu.417818

Regina v Cheshire County Council ex parte C: 1998

Citations:

[1998] ELR 66

Cited by:

CitedDM v Secretary of State for the Home Department SCS 30-Jan-2008
The applicant had applied for asylum saying that she was Zimbabwean and had fled after her husband, a member of the opposition had been arrested and she had been threatened with being ‘disappeared.’ The tribunal had rejected her claim as false, and . .
Lists of cited by and citing cases may be incomplete.

Education, Judicial Review

Updated: 15 May 2022; Ref: scu.264029

Manchester Diocesan Council for Education v Commercial and General Investments Ltd: 1969

The school governors were required to obtain consent before selling land formerly used as a school.
Held: The court rejected a submission that that consent was a necessary pre-requisite for a contract could be made at all: ‘Reliance is placed on Milner v Staffordshire Congregational Union (Inc) [1956] Ch 275 where it was held that it was unlawful for charity trustees to enter into a contract of sale under the Charity Trusts Amendment Act 1855, section 29, without the prior approval of the Charity Commissioners. In my judgment, that case is clearly distinguishable from the present case. Section 29 of the 1855 Act expressly makes any sale by charity trustees–that is, any contract for sale–unlawful unless it is made with the approval of the commissioners. The power to contract is conditional upon prior approval. The requirement of clause 4 of the 1962 scheme in the present case is quite different. By that clause the governing body is authorised to sell property comprised in the scheme but any sale – ie, any contract for sale – is required to be conditional upon ministerial approval of the price being obtained. The power to complete a sale is conditional upon prior approval, but not the power to contract. The fact that ministerial approval was not obtained until 18 November 1964, does not, in my judgment, invalidate the contract, if any, made on 15 September.’

Judges:

Buckley J

Citations:

[1970] 1 WLR 241, [1969] 3 All ER 1593

Statutes:

Endowed Schools Acts 1869

Cited by:

CitedRegina v Ireland CACD 14-May-1996
Silent telephone calls which resulted in psychiatric damage to the victim could constitute an ‘assault occasioning actual bodily harm’ for the purposes of section 47 of the 1861 Act. Swinton Thomas LJ said: ‘The early cases pre-date the invention of . .
CitedBayoumi v Women’s Total Abstinence Union Ltd and Another CA 5-Nov-2003
A charity entered into a contract for the sale of land. It failed to comply with the requirements under the Act. The purchaser assigned the benefit of the contract, to the claimant who sought to enforce the contract.
Held: The section only . .
CitedHaslemere Estates Ltd v Baker 1982
A contract for the sale of land by a charity was expressed to be subject to and conditional upon the grant of a consent before 31 March 1982 and if consent was not granted before that date then the contract was to be ‘null and void and of no further . .
Lists of cited by and citing cases may be incomplete.

Education, Land

Updated: 14 May 2022; Ref: scu.235556

T, Regina (on the Application of) v OL Primary School and Another: Admn 18 Apr 2005

Judges:

James Goudie QC

Citations:

[2005] EWHC 753 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedMid-Staffordshire General Hospitals NHS Trust v Cambridge EAT 4-Mar-2003
EAT The claimant had presented claims of sex and disability discrimination and victimisation. She suffered injury to her throat when builders demolished a wall near her workstation.
Held: The employer’s . .
Lists of cited by and citing cases may be incomplete.

Education, Discrimination

Updated: 13 May 2022; Ref: scu.224545

Regina v Kent County Council ex parte C: 1998

A Local Education Authority could not properly refuse to provide free transport on the basis that there was a nearer school unless that nearer school was in its view suitable. In regard to Re S: ‘A little later, in relation to ‘the alternative issue [of whether] the LEA [were] Wednesbury unreasonable and perverse in their decision not to continue to provide free transport’, Butler-Sloss LJ said (pp132-134) that she entirely agreed with May J’s approach and had nothing more to say about it. I have not found it easy to know what is the effect of this judgment and in particular to know what meaning the Court of Appeal was saying should be given to the words ‘suitable arrangements . . for enabling him to become a registered pupil at a school nearer his home’. Despite the court’s express disagreement with what Staughton LJ had said, I can hardly think that the court meant that the decision of a LEA that a school was suitable when it was obviously not would be beyond challenge. Suppose, to take an extreme and improbable example for the purpose of testing the point, that the nearer school which the LEA regarded as suitable was a boy’s school and the child in question was a girl, or it was a special school and the child was of normal intelligence. I infer, therefore, that all the court was saying was that, whether in criminal proceedings in the magistrates’ court or on an application for judicial review in the High Court, the objective suitability of a nearer school was not a material consideration and that the ‘other arguments’ which it was ‘not strictly necessary to consider’ were the further points advanced by counsel for the children in relation to his first submission. In the second section of the judgment, in which May J’s consideration of the second submission was approved, there is nothing which suggests that the court regarded the Wednesbury exercise as superfluous. As the judgment said, counsel for the children was making alternative submissions. In these circumstances I think it right to follow R v Dyfed County Council ex parte S only so far as the decision binds this court. I take the case to have decided that the objective suitability of the nearer school was not a matter for the court to determine. Either that was all it decided, or, additionally, which I think more likely, it decided that the relevant question was whether the authority’s view that the nearer school was suitable had been shown to have been reached unlawfully. I do not think that the court’s disagreement with Staughton LJ’s opinion was necessary to its decision since Staughton LJ was not saying that the court should consider the objective suitability of the nearer school. In my judgment: (1) a LEA cannot properly refuse to provide free transport on the basis that there is a nearer school which a child could attend unless it is of the view that the nearer school would be a suitable school for the child to attend, and (2) when considering a challenge to a local authority’s refusal to provide free transport, if the refusal was based on the authority’s view that there was a nearer suitable school, the function of the court is to see whether it has been shown that the authority’s view about that school’s suitability was lawfully reached, which in most cases will require no more than a consideration of the rationality of its conclusion. This accords with the approach of Staughton LJ, Roch J and May J, and I infer that Steyn LJ agreed with it. It agrees with the view of the Secretary of State as expressed in the circular, which, I note, he has not modified despite the decision of R v Dyfed County Council ex parte S. This is Circular No 1 of 1994, headed ‘School Transport”.

Judges:

McCullough J

Citations:

[1998] ELR 108

Citing:

DistinguishedIn Re S CA 1995
Parents wanted their children to attend English middle schools in Wales. The Court dealt with the argument that the objective suitability of the nearer school had to be considered by the court on judicial review. Alternatively, it was argued that it . .
Lists of cited by and citing cases may be incomplete.

Education

Updated: 13 May 2022; Ref: scu.199250

Yanasik v Tukey: ECHR 1994

(Commission) A reasonable denial of the right to education does not violate the Convention.

Citations:

(1994) 74 DR 14

Cited by:

CitedAli 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 . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Education

Updated: 13 May 2022; Ref: scu.195705

Regina v Rochdale Metropolitan Borough Council, ex parte Schemet: QBD 1993

The court considered the withdrawal of a policy whereby the local authority paid travelling expenses for the attendance of pupils at denominational schools outside the area.
Held: Relief was granted. The authority should have consulted those affected.

Judges:

Roch J

Citations:

(1993) 91 LGR 425, [1994] ELR 89

Jurisdiction:

England and Wales

Cited by:

CitedRegina on Application of Dinev and Others v Westminster City Council Admn 24-Oct-2000
Street artists had operated in Leicester Square for many years without either licenses or being prosecuted. The respondent introduced a scheme to regulate them, and the applicants sought to challenge it by way of judicial review, alleging a failure . .
CitedRe C (a minor) CA 1994
The question was whether a school which was not that of parental choice could be regarded as suitable or, to put it the other way round, whether free transport had to be provided where a parent had chosen a school which was not the nearest to the . .
CitedIn Re S CA 1995
Parents wanted their children to attend English middle schools in Wales. The Court dealt with the argument that the objective suitability of the nearer school had to be considered by the court on judicial review. Alternatively, it was argued that it . .
CitedJones, Regina (on the Application of) v Ceredigion County Council Admn 22-Jun-2004
The parents lawfully chose to send their child to a Welsh language school. The authority refused to provide free transport on the basis that a nearer school was available even though it was not a Welsh language school.
Held: Provided the . .
Lists of cited by and citing cases may be incomplete.

Local Government, Judicial Review, Education

Updated: 12 May 2022; Ref: scu.190068

X v United Kingdom: ECHR 1978

(Commission) In the context of the second sentence of Article 2, ‘there is no positive obligation on the State in relation to the second sentence . . to subsidise any particular form of education in order to respect the religions and philosophical beliefs of parents. It is sufficient for the State, in order to comply with its obligations under Article 2, to evidence respect for the religions and philosophical beliefs of parents within the existing and developing system of education.’

Citations:

7782/77

Statutes:

European Convention on Human Rights 2

Jurisdiction:

Human Rights

Cited by:

CitedRegina v Department of Education and Employment ex parte Begbie CA 20-Aug-1999
A statement made by a politician as to his intentions on a particular matter if elected could not create a legitimate expectation as regards the delivery of the promise after elected, even where the promise would directly affect individuals, and the . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Education

Updated: 12 May 2022; Ref: scu.187442

RD and GD v The Proprietor of Horizon Primary (Responsible Body) (SEN): UTAA 30 Sep 2020

Registration procedure for disability discrimination claims – refusal to register part of a claim as `time barred’ in plainly disputed issue – ignorance or oversight of relevant law (Equality Act 2010, Schedule 17, paras 4(5)(b) (conduct extending over a period) and 4(3) (discretion to extend time) – refusal tantamount to striking out without protection of relevant Procedure Rules – decision made unilaterally by judge without argument – requirement to exercise a statutory discretion consciously – lay appellant – standard paragraphs in information in Directions both misleading and in regrettably small print – was unfairness at interlocutory stage made good by F-tT at the hearing?
Discrimination arising from disability (s. 15) – more than one cause – when is a cause operative – more than trivial – structured approach to findings on proportionality – materiality.
Reasonable adjustments (s20 – 21) – need for structured approach – failure to find a PCP or a comparator – claim should have failed in limine
Extent of interaction of Children and Families Act 2014 duties and Equality Act 2010 duties. F-T v The Governors of Hampton Dene Primary School (SEN) [2016] UKUT 468 (AAC) distinguished and disapproved.

Citations:

[2020] UKUT 278 (AAC)

Links:

Bailii

Statutes:

Equality Act 2010

Jurisdiction:

England and Wales

Education, Discrimination

Updated: 12 May 2022; Ref: scu.656581

AB v The University of XYZ: QBD 6 Nov 2020

Judgment concerned with disciplinary proceedings brought against the Claimant while he was a student at the University of XYZ. In particular, it raises important issues regarding the procedural rights of students facing disciplinary proceedings.

Citations:

[2020] EWHC 2978 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Education, Natural Justice

Updated: 12 May 2022; Ref: scu.655921

Worcestershire County Council v SE (Disability Discrimination In Schools): UTAA 2 Jul 2020

Education, Health and Care Plan – whether provision ordered by First-tier Tribunal in relation to speech and language therapy was unlawful because not properly specified – review of the decided cases from L v Clarke and Somerset County Council onwards – use of specialist knowledge and expertise – balance between precision and flexibility in statement of provision.

Citations:

[2020] UKUT 217 (AAC)

Links:

Bailii

Jurisdiction:

England and Wales

Education, Discrimination

Updated: 12 May 2022; Ref: scu.656573

Wandsworth London Borough Council v A: CA 20 Jan 2000

A was a parent of a child. The school complained of A’s behaviour when visiting the school, and was refused a licence to enter the premises without being accompanied. The behaviour continued, and an injunction was obtained.
Held: The order was discharged on appeal because it could not be shown that the headmaster had taken steps to obtain the parent’s side of the situation before acting. There is a public interest both in securing a parent’s access and in protecting the school and its teachers. Buxton LJ: ‘It is, however, clear that Miss A, and other parents, had some sort of licence to enter the school, by reason of its being the practice to permit them to do so.’ and the question was that if there was permission to enter the school as a parent, that was relevant to what procedures were immediately adopted before it could be withdrawn.

Judges:

Buxton LJ

Citations:

Times 28-Jan-2000, Gazette 20-Jan-2000, [2000] 1 WLR 1246

Jurisdiction:

England and Wales

Citing:

CitedRegina v Brent London Boriugh Council, ex parte Assegai 1987
A committee of the Borough resolved to ban Mr Assegai, who had been involved in a fracas and had made offensive remarks to two Councillors, from visiting any of the Borough’s properties. The resolution also purported to remove him from his . .

Cited by:

CitedMontgomery, Regina (on the Application of) v Hertfordshire County Council Admn 2-Sep-2005
The applicant, a former senior employee sought review of an order banning her from all the respondent’s premises. She had left the employment after a settlement, but the order would make it impossible to continue the work she had later taken up.
Lists of cited by and citing cases may be incomplete.

Education, Local Government

Updated: 11 May 2022; Ref: scu.90279

W v Special Educational Needs Tribunal and Another: CA 12 Dec 2000

The tribunal office had been given information about facilities at an alternative school for autistic children, which information had been supplied by the child’s mother. The Tribunal proceeded without knowing of the information, but the mother, representing herself, had assumed that they had seen the report. There was a possibility that they would have come to a different conclusion had they seen the report, and accordingly the decision had to be quashed. It was general in nature, but relevant. It was not necessary to show that the information would have led to a different decision, or even that it was likely that it would have been different.

Citations:

Times 12-Dec-2000

Jurisdiction:

England and Wales

Education

Updated: 11 May 2022; Ref: scu.90213

Regina v Education Committee of Blackpool Borough Council ex parte Taylor: 1999

The court emphasised that a party considering challenging by way of a judicial review a local government decision should not first await the outcome of a reference to the Local Government Ombudsman, since he has no power to set aside the decision.

Citations:

[1999] ELR 237

Jurisdiction:

England and Wales

Cited by:

CitedStojak, Regina (on The Application of) v Sheffield City Council Admn 22-Dec-2009
The deceased had been detained as a mental patient and supported after her release, by her family financially. Her representatives now said that the respondent had failed in its obligation to provide support for no charge. The authority said that . .
Lists of cited by and citing cases may be incomplete.

Judicial Review, Education, Local Government

Updated: 11 May 2022; Ref: scu.384471

Regina v Dyfed County Council Ex Parte S (Minors): QBD 21 Dec 1993

No Judicial Review was available for English speaking children who had allocated to a Welsh speaking school.

Citations:

Independent 21-Dec-1993

Cited by:

Appeal fromRegina v Dyfed County Council Ex Parte S (Minors) CA 25-Jul-1994
No objection was to be taken for English children sent to mainly Welsh speaking school. They were not entitled to transport to a school with a greater number of English speakers. . .
CitedJones, Regina (on the Application of) v Ceredigion County Council Admn 22-Jun-2004
The parents lawfully chose to send their child to a Welsh language school. The authority refused to provide free transport on the basis that a nearer school was available even though it was not a Welsh language school.
Held: Provided the . .
Lists of cited by and citing cases may be incomplete.

Education, Discrimination

Updated: 11 May 2022; Ref: scu.86598

Regina v Richmond Upon Thames London Borough Council and Another, Ex Parte JC (A Child): CA 10 Aug 2000

The restrictions placed upon the maximum class sizes in turn restricted the rights of parents to appeal against refusal of a school place. It is for the parent to satisfy the original admissions committee and the appeal committee of the need for a place. There are two only grounds of appeal. An application to judicially review the decision of the education authority should be normally in the name of the parent, not the child.
Parents whose child has not been admitted to the school of their preference have a right of appeal to an appeals committee. Kennedy LJ said: ‘I am satisfied that where a parent wishes to challenge a local education authority or an appeals committee in relation to the handling of a parent’s expression of preference as to the school at which his or her child should attend it is the parent and not the child who should mount the challenge. I accept that the child may have a sufficient interest to mount a challenge, and in some exceptional cases it may be appropriate for the child to make the application for permission to apply for judicial review, but normally, as it seems to me, the only reason why the application is made in the name of the child is to obtain legal aid, and to enable the parents to protect themselves in relation to costs. That I regard as an abuse. Our legal system works upon the basis that those who seek a remedy should expose themselves in relation to costs. If the device is used in future, permission to apply for judicial review may well be refused on that ground.’
Ward LJ commented that it is the parents’ appeal, not the child’s, he said: ‘The system is open to abuse if the child applies for legal aid and that abuse must be curtailed.’

Judges:

Kennedy, Wardd LJJ

Citations:

Times 10-Aug-2000, Gazette 31-Aug-2000, [2001] ELR 21, [2001] LGR 146

Statutes:

Education Act 1996 41

Jurisdiction:

England and Wales

Citing:

Appeal fromRegina v Richmond Upon Thames London Borough Council, Ex Parte C (A Child) QBD 26-Apr-2000
An appeal to the local education authority against a decision not to grant a place at the parents choice of primary school, because it would require additional resources to provide for larger class sizes, is by way of review, and not by way of a . .

Cited by:

CitedB and Another, Regina (on the Application of) v Leeds School Organisation Committee QBD 13-Sep-2002
The applicants sought through their litigation friends to oppose the decision of the respondent to close their junior school. The respondent said the proceedings were an abuse, having been brought in the children’s names solely to obtain legal aid. . .
Appealed toRegina v Richmond Upon Thames London Borough Council, Ex Parte C (A Child) QBD 26-Apr-2000
An appeal to the local education authority against a decision not to grant a place at the parents choice of primary school, because it would require additional resources to provide for larger class sizes, is by way of review, and not by way of a . .
CitedEdwards and Another, Regina (on The Application of) v Environment Agency and Others (No 2) SC 11-Dec-2013
The court considered the consequences of a finding that the UK was in breach of the Aarhus Convention, as regards the ‘prohibitively expensive’ cost of proceedings. The Agency had given permission for the change of fuel for a cement works to . .
Lists of cited by and citing cases may be incomplete.

Education, Litigation Practice

Updated: 11 May 2022; Ref: scu.85460

Regina v Rotherham Metropolitan Borough Council, Ex Parte L T: CA 3 Dec 1999

A school admissions policy which gave preference to children within its defined local area was not unlawful or discriminatory, even though the edge of the area extended along the limit of the authority’s responsibility. Such a policy reflected the proper need to give priority to children locally, and was not to be overturned.

Citations:

Times 03-Dec-1999

Statutes:

Schools Standards and Framework Act 1998 86

Jurisdiction:

England and Wales

Citing:

Appeal fromRegina v Rotherham Metropolitan Borough Council ex parte Laura Tomlinson, Victoria Clarke, and M K Admn 17-Jun-1999
. .
Lists of cited by and citing cases may be incomplete.

Education

Updated: 11 May 2022; Ref: scu.85466

Regina v Sheffield City Council, Ex Parte Hague and Another: CA 20 Aug 1999

When a local authority hears an appeal against the refusal to offer a place for a child at a secondary school, the committee may hear submissions as to the possible illegality of the admissions policy of the school. It need not assume that a policy was lawful until and unless set aside. The committee is to apply independent scrutiny to the issues.

Citations:

Times 20-Aug-1999

Jurisdiction:

England and Wales

Education, Local Government

Updated: 11 May 2022; Ref: scu.85554

Regina v South Bank University, Ex Parte Coggeran: CA 19 Sep 2000

The applicant had been unable to complete her vocational course, after pregnancy related illness and absence. She was not allowed an extension of time to complete the course, and claimed she had been discriminated against. A judge granting a judicial review of the decision of the University was wrong to pronounce on the availability of county court proceedings. Nevertheless, the claim of sex discrimination against a University could not be brought in the employment tribunal, but must be in the County Court, which would have the powers of the High Court to make orders.

Citations:

Times 19-Sep-2000, Gazette 19-Oct-2000

Jurisdiction:

England and Wales

Discrimination, Education, Judicial Review

Updated: 11 May 2022; Ref: scu.85562

O’Connor v Chief Adjudication Officer and Another: CA 11 Mar 1999

Regulations providing that a student stayed such until he concluded, or was dismissed from a course, were deeming provisions, and a student taking a year out after failing his exams, remained a student and was unable to claim benefits by way of income support. Article 2 did not require the state to subsidise a student in excercising his right to take up the education it offered.

Citations:

Times 11-Mar-1999, Gazette 24-Mar-1999, [1999] ELR 209

Statutes:

Income Support (General) Regulations 1987 (1987 No 1967)

Jurisdiction:

England and Wales

Cited by:

CitedDouglas v North Tyneside Metropolitan Borough Council CA 19-Dec-2003
The applicant had sought a student loan to support his studies as a mature student. It was refused because he would be over 55 at the date of the commencement of the course. He claimed this was discriminatory.
Held: The Convention required the . .
Lists of cited by and citing cases may be incomplete.

Benefits, Education, Human Rights

Updated: 11 May 2022; Ref: scu.84421

Catchpole v Buckinghamshire County Council and Another: CA 18 Mar 1999

When selecting a school for a child assessed as in need of special educational provision, the education authority should take account of the parents’ expressed preferences. That duty did not override a general principal of parental preference.

Citations:

Times 18-Mar-1999

Statutes:

Education Act 1996 9 Sch 27 3(3)

Jurisdiction:

England and Wales

Education

Updated: 10 May 2022; Ref: scu.78947

Douglas v North Tyneside Metropolitan Borough Council: CA 19 Dec 2003

The applicant had sought a student loan to support his studies as a mature student. It was refused because he would be over 55 at the date of the commencement of the course. He claimed this was discriminatory.
Held: The Convention required the state not to prevent access to education, not a duty to subsidise education. Though tertiary education fell within the meaning of ‘education’ in the Convention, the loan arrangements did not. Article 14 was not engaged. ‘The bottom line is that the measures of which complaint is made have to be linked to the exercise of the right guaranteed. The Secretary of State’s argument is that the Student Support Regulations are not intended to promote the subject matter of Article 2. They are not to do with the right to education. Their purpose, as is set out in the evidence, is to encourage greater access to higher education primarily for students wishing to improve their skills and qualifications.’ The court accepted that argument.

Judges:

Thorpe, Jonathan Parker, Scott Baker LJJ

Citations:

Times 22-Jan-2004, [2004] 1 All ER 709

Statutes:

European Convention on Human Rights 14

Jurisdiction:

England and Wales

Citing:

CitedRelating 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 . .
CitedNational Union of Belgian Police v Belgium ECHR 27-Oct-1975
Hudoc No violation of Art. 11; No violation of Art. 14+11
The Belgian Government failed to consult a municipal police union about legislation affecting public sector employment rights. The union’s direct . .
CitedSchmidt And Dahlstrom v Sweden ECHR 6-Feb-1976
ECHR No violation of Art. 11; No violation of Art. 14+11 . .
CitedRasmussen v Denmark ECHR 28-Nov-1984
Article 14 requires a complainant of discrimination to show that the complaint falls within the ‘ambit’ of some substantive Convention right. . .
CitedCarson and Reynolds v Secretary of State for Work and Pensions CA 17-Jun-2003
The claimant Reynolds challenged the differential treatment by age of jobseeker’s allowance. Carson complained that as a foreign resident pensioner, her benefits had not been uprated. The questions in each case were whether the benefit affected a . .
CitedGhaidan v Godin-Mendoza CA 5-Nov-2002
The applicant sought to succeed to the tenancy of his deceased homosexual partner as his partner rather than as a member of his family.
Held: A court is bound by any decision within the normal hierachy of domestic authority as to the meaning . .
CitedPetrovic v Austria ECHR 27-Mar-1998
The applicant was refused a grant of parental leave allowance in 1989. At that time parental leave allowance was available only to mothers. The applicant complained that this violated article 14 taken together with article 8.
Held: The . .
CitedO’Connor v Chief Adjudication Officer and Another CA 11-Mar-1999
Regulations providing that a student stayed such until he concluded, or was dismissed from a course, were deeming provisions, and a student taking a year out after failing his exams, remained a student and was unable to claim benefits by way of . .

Cited by:

CitedGhaidan v Godin-Mendoza HL 21-Jun-2004
Same Sex Partner Entitled to tenancy Succession
The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy.
Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law . .
CitedSecretary of State for the Home Department v Hindawi and Headley CA 13-Oct-2004
The applicant was a foreign national serving a long-term prison sentence. He complained that UK nationals would have had their case referred to the parole board before his.
Held: The right to be referred to the parole board was a statutory . .
Lists of cited by and citing cases may be incomplete.

Education, Benefits, Human Rights

Updated: 09 May 2022; Ref: scu.194069

Healey v Bridgend County Borough Council: CA 14 Nov 2002

The teacher was ill and was not to return to work. She expressed her willingness to take early retirement, but then claimed her full entitlement to four months’ notice of her dismissal.
Held: The expression of willingness was to be taken as her notice to leave the job if the condition was fulfilled. She had not been dismissed, and was not entitled to an additional four months’ pay. She knew that she would not be returning to work, and that her entitlement to sick pay would also cease. ‘It seems to me to be plain ( and it is agreed) that at the meeting with the Director, it was not only agreed that the appellant would be applying for ill-health retirement, but that she must at that meeting as I have explained, have conveyed to the Director a decision, as she said, to retire on the grounds of ill-health. That must, in my judgment, amount to a notice of resignation.’ and ‘An objective consideration of the communicated decision to retire, treated as a notice to retire, would carry with it the implication that it was to be effective only if the application for benefit were successful. That condition has been fulfilled. In my judgment the other implication which ineluctably arises from the facts is that her retirement would become effective from the earliest date that benefits become payable.’ and ‘If the officious bystander were to determine when that retirement would become effective, he would say, ‘when the benefits become available to her’. Describing Mrs Healey’s actions Ward LJ said: ‘She was doing two things : first she was applying to a third party for these retirement benefits: but secondly, she was giving her employers notice of the decision to retire’.

Judges:

Ward, Schiemann, Longmore LJJ

Citations:

Times 02-Dec-2002, Gazette 30-Jan-2003, [2002] EWCA 1996

Statutes:

Teachers Pensions Regulations 1997 (1997 No 3001)

Jurisdiction:

England and Wales

Cited by:

CitedVerner, Sheppard, Ridley v Derby City Council, Norfolk County Council, St Thomas More Roman Catholic High School QBD 14-Nov-2003
The question was whether, when a teacher has applied for and accepted ill-health retirement benefit, usually a lump sum and a pension, on the ground of permanent incapacity, there exists a public law duty on his employer to dismiss the employee.
Lists of cited by and citing cases may be incomplete.

Education, Employment

Updated: 08 May 2022; Ref: scu.178306

O v Harrow London Borough Council: CA 18 Dec 2001

The applicant had appealed to the Special Educational Needs Tribunal. They had remitted the case to the authority for reconsideration, and the applicant again sought to appeal the authority’s decision to refuse a statement of special educational need. The Tribunal declined jurisdiction under its rules, and the applicant appealed that order.
Held: All that was required to trigger the right of appeal was an assessment and a decision not to make a statement. There was no need to drive the parents to a cumbersome judicial review. The Tribunal had full jurisdiction to decline frivolous applications, but this was not such.

Judges:

Lord Justice Simon Brown, Lord Justice Waller and Lord Justice Sedley

Citations:

Times 09-Jan-2002, Gazette 27-Feb-2002

Statutes:

Education Act 1996 325, Special Educational Needs Tribunal Regulations 1995 (1995 No 3113) 36(2)(a)

Jurisdiction:

England and Wales

Citing:

Appeal fromO v Harrow London Borough Council and Another QBD 12-Jul-2001
The parents appealed a refusal of the education authority to issue a statement of special needs. The tribunal remitted it to the local authority, who issued a second and similar decision. The parents sought to appeal again. They appealed the refusal . .

Cited by:

Appeal ToO v Harrow London Borough Council and Another QBD 12-Jul-2001
The parents appealed a refusal of the education authority to issue a statement of special needs. The tribunal remitted it to the local authority, who issued a second and similar decision. The parents sought to appeal again. They appealed the refusal . .
Lists of cited by and citing cases may be incomplete.

Education

Updated: 08 May 2022; Ref: scu.167408

Regina v Secretary of State for the Home Department, ex parte Holub and Another: CA 13 Feb 2001

The right to education of a child under Article 2 of Protocol 1 of the Convention, was not breached by an order enforcing immigration control with the effect of taking away from a good school a child who had become settled there. The Convention gave no right to an education in any particular country, and it would be invidious to try to compare different education systems. Non-absolute human rights are not engaged when a country deals with such issues as immigration control. Having taken account of the child’s education in making his decision, that decision could not be faulted for this reason.

Citations:

Times 13-Feb-2001

Statutes:

European Convention on Human Rights

Jurisdiction:

England and Wales

Immigration, Human Rights, Education

Updated: 08 May 2022; Ref: scu.88652

Ali v Kirklees Metropolitan Borough Council: CA 1 May 2001

A Special Educational Needs Tribunal made a decision, in ignorance of information which had been withheld by the authority, and which it should have disclosed. The parents did not want their son transferred to particular school, because they felt that accidents which had occurred at the present school would recur at the new school. The authority did not disclose such an accident from some several years before. The chairman certified that the information would not have affected the decision. The court held that the lapse of time, and change of circumstances after the accident made it now irrelevant and declined to overturn the decision.

Citations:

Times 01-May-2001

Jurisdiction:

England and Wales

Education, Administrative

Updated: 08 May 2022; Ref: scu.77733

Blamire v South Cumbria Health Authority: CA 1993

When assessing damages for losses arising through professional negligence by a school, the court arrived at a lump sum representing the loss of the opportunity to gain employment at the end of a successful period of education. The onus of proving what the plaintiff would have earned had he not been injured and what he was now likely to earn rested on the plaintiff throughout.

Judges:

Garland J, Steyn LJ

Citations:

[1993] P1QR Q1

Jurisdiction:

England and Wales

Cited by:

CitedLiennard v Slough Borough Council QBD 15-Mar-2002
The claimant sought damages from the respondents who had been responsible for his education, for having failed to diagnose his learning difficulties. The school had recognised that he was underachieving, but diagnosis as to the reason was not easy. . .
CitedVernon v Bosley (3) CA 19-Dec-1996
The plaintiff claimed damages for acute stress after failing to rescue his two daughters in an accident caused by the defendant. After the accident, he became involved in family proceedings concerning custody of other children. Medical reports used . .
Lists of cited by and citing cases may be incomplete.

Damages, Personal Injury, Education

Updated: 06 May 2022; Ref: scu.184030

In re B (Infants): 1962

Citations:

[1962] Ch 201

Jurisdiction:

England and Wales

Cited by:

CitedRe A Ward of Court FD 4-May-2017
Ward has no extra privilege from Police Interview
The court considered the need to apply to court in respect of the care of a ward of the court when the Security services needed to investigate possible terrorist involvement of her and of her contacts. Application was made for a declaration as to . .
Lists of cited by and citing cases may be incomplete.

Education, Children

Updated: 06 May 2022; Ref: scu.588162

In re D (A Minor): 1987

A dispute as to whether the education authority is exercising its powers properly raises matters of public law to be determined by reference not to the principles of family law but to the principles of substantive public law applied by the Administrative Court.
Woolf LJ said: ‘ . . there is no reason whatever why the court should refrain from exercising its jurisdiction when it is desirable for it to do so in order to assist a local education authority to perform its statutory duties. It is only if the effect of exercising its powers would be to create a conflict between the role of the court and the role of the education authority, or the risk of such conflict, that the court should decline to intervene.’

Judges:

Woolf LJ

Citations:

[1987] 1 WLR 1400

Jurisdiction:

England and Wales

Cited by:

CitedRe A Ward of Court FD 4-May-2017
Ward has no extra privilege from Police Interview
The court considered the need to apply to court in respect of the care of a ward of the court when the Security services needed to investigate possible terrorist involvement of her and of her contacts. Application was made for a declaration as to . .
Lists of cited by and citing cases may be incomplete.

Children, Education

Updated: 06 May 2022; Ref: scu.588163

Regina v Secretary of State for Education and Employment and Others ex parte B, Regina v Same ex parte T, Regina v Same, ex parte C: QBD 8 Jun 2001

The Convention gave a right to a fair reputation which had to be upheld in the law, but the disciplinary procedures within a school independent appeal panel did not directly affect that reputation, and the procedures had been designed to respect the potential for damage, and to provide proper protection. It was not necessary in this case to define the extent of such a right, but the right to a ‘fair reputation’ was to be preferred to an interpretation protect a ‘good reputation.’

Citations:

Times 08-Jun-2001

Statutes:

European Convention on Human Rights Art 6.1

Jurisdiction:

England and Wales

Human Rights, Defamation, Education

Updated: 05 May 2022; Ref: scu.88604

Regina v Special Educational Needs Tribunal Ex Parte South Glamorgan County Council: CA 12 Dec 1995

The Court of Appeal entertained an appeal by a respondent against the judge’s refusal to discharge leave granted ex parte. Challenges to decisions of tribunal should be by way of appeal not Judicial Review.

Citations:

Times 12-Dec-1995, [1996] ELR 326

Statutes:

Education Act 1993 168

Jurisdiction:

England and Wales

Cited by:

CitedKemper Reinsurance Company v The Minister of Finance and others PC 5-May-1998
(Bermuda) An appeal Court did have jurisdiction to hear an appeal against the discharge of leave to apply for certiorari order, since this was outside scope of the rule in Lane v Esdaille.
Lord Hoffmann said: ‘Nevertheless, the limited nature . .
Lists of cited by and citing cases may be incomplete.

Education, Litigation Practice

Updated: 05 May 2022; Ref: scu.88105

Regina v Gloucestershire County Council and another, ex parte H: QBD 21 Jan 2000

The claimant had appealed to the Special Educational Needs Tribunal. The authority had called two witnesses, as allowed and the representative also gave evidence. The claimants said that this was a breach of the rule allowing only two witnesses.
Held: The rules were designed to try to achieve equality of arms between the parties. The restriction in the rules on the calling of more than two witnesses without the consent of the tribunal, did not operate to prevent the authority giving evidence through its representative advocate. This restored parity with a claimant.

Judges:

Elias J

Citations:

Times 21-Jan-2000

Statutes:

Special Educational Needs Tribunal Regulations 1995 (1995 No 3113) 29(1)

Jurisdiction:

England and Wales

Education, Local Government

Updated: 05 May 2022; Ref: scu.88472

David Brown, Moderator of The Synod of Aberdeen, and Others v Mr George Chalmers, Principal of The Old College of Old Aberdeen, and Others: HL 14 Mar 1734

Charter – Foundation – Trust Uses – Election of Professor. – Held, that the appellants having deviated from the directions contained in the Charter of Foundation, as to the election of a Professor of Divinity in King’s College, Aberdeen, the election was void and null.

Citations:

[1734] UKHL 6 – Paton – 663

Links:

Bailii

Jurisdiction:

Scotland

Education

Updated: 04 May 2022; Ref: scu.554565

Regina v HM Treasury, Ex Parte University of Cambridge: ECJ 3 Oct 2000

When considering public law governed the procedural requirements for procurement contracts, the court had to consider whether body was financed ‘for the most part’ by public funds. The words referred to the majority of income, and the calculations of what was publicly financed was to include those sums received from government otherwise than for consideration by way of services or supplies. For an educational institution this would include funds by way of grants, but would not include payments for research and similar.

Citations:

Times 17-Oct-2000, C-380/98, [2000] All ER (EC) 920, [2000] 1 WLR 2514, [2000] EUECJ C-380/98

Links:

Bailii

Statutes:

Council Directive 92/50 relating to the co-ordination of procedures for the award of public service contracts

Jurisdiction:

European

Cited by:

CitedHampshire County Council v Beer (T/A Hammer Trout Farm); Regina (Beer) v Hampshire Farmers’ Market Ltd CA 21-Jul-2003
The applicant had been refused a licence to operate within the farmer’s market. It sought judicial review of the rejection, but the respondent argued that it was a private company not susceptible to review.
Held: The decisions of the Farmers . .
Lists of cited by and citing cases may be incomplete.

Education

Updated: 04 May 2022; Ref: scu.162516

Bunt v Kent: 1914

Citations:

[1914] 1 KB 207

Jurisdiction:

England and Wales

Cited by:

CitedIsle of Wight Council v Platt SC 6-Apr-2017
Regular school attendance is following the rules
The respondent had taken his child out of school during term time to go on holiday. The child otherwise had an excellent attendance record. The Council having failed on appeal to the Administrative Court, it appealed saying that the word ‘regularly’ . .
Lists of cited by and citing cases may be incomplete.

Education

Updated: 04 May 2022; Ref: scu.581441

Osborne v Martin: 1927

The parent had withdrawn his child from school every week for piano lessons. The court heard an appeal by the prosecutor against dismissal of a charge of failing to secure the child’s attendance at school.
Held: The parent had to cause the child to attend school at all times when required to do so by the bye-laws.
Lord Hewart CJ said: ‘It was never intended that a child attending the school might be withdrawn for this or that hour to attend a lesson thought by the parent to be more useful or possibly in the long run more remunerative. The time-table and discipline of a school could be reduced to chaos if that were permissible.’
Salter J pointed out that parents were not obliged to take advantage of the free education provided by the state, but if they did, they had to take it as a whole.

Judges:

Lord Hewart CJ, Salter J

Citations:

(1927) 91 JP 197

Jurisdiction:

England and Wales

Cited by:

CitedIsle of Wight Council v Platt SC 6-Apr-2017
Regular school attendance is following the rules
The respondent had taken his child out of school during term time to go on holiday. The child otherwise had an excellent attendance record. The Council having failed on appeal to the Administrative Court, it appealed saying that the word ‘regularly’ . .
Lists of cited by and citing cases may be incomplete.

Education

Updated: 04 May 2022; Ref: scu.581442

Hares v Curtin: 1913

Citations:

[1913] 2 KB 328

Jurisdiction:

England and Wales

Cited by:

CitedIsle of Wight Council v Platt SC 6-Apr-2017
Regular school attendance is following the rules
The respondent had taken his child out of school during term time to go on holiday. The child otherwise had an excellent attendance record. The Council having failed on appeal to the Administrative Court, it appealed saying that the word ‘regularly’ . .
Lists of cited by and citing cases may be incomplete.

Education

Updated: 04 May 2022; Ref: scu.581440

Ex parte the School Board of London, In re Murphy: 1877

Cockburn CJ said ‘an occasional omission might suffice’ to constitute the offence under the bye-laws of not securing the regular attendance of a child at school, contrasting it with the graver sanction of a school attendance order which might result from an habitual failure.

Judges:

Cockburn CJ

Citations:

(1877) LR 2 QBD 397

Jurisdiction:

England and Wales

Cited by:

CitedIsle of Wight Council v Platt SC 6-Apr-2017
Regular school attendance is following the rules
The respondent had taken his child out of school during term time to go on holiday. The child otherwise had an excellent attendance record. The Council having failed on appeal to the Administrative Court, it appealed saying that the word ‘regularly’ . .
Lists of cited by and citing cases may be incomplete.

Education

Updated: 04 May 2022; Ref: scu.581439

Hinchley v Rankin: QBD 1961

A father had been rightly convicted when his son had been recorded as absent because he had not been at school when the register was closed, for ‘it must be regular attendance for the period prescribed by the person upon whom the duty to provide the education is laid’

Citations:

[1961] 1 WLR 421

Jurisdiction:

England and Wales

Cited by:

CitedIsle of Wight Council v Platt Admn 13-May-2016
The Council appealed by case stated against a decision by magistrates that a parent who took his child out of school to take a holiday hod not failed to ensure that the child attended regularly. The record was otherwise regular and satisfactory.
CitedIsle of Wight Council v Platt SC 6-Apr-2017
Regular school attendance is following the rules
The respondent had taken his child out of school during term time to go on holiday. The child otherwise had an excellent attendance record. The Council having failed on appeal to the Administrative Court, it appealed saying that the word ‘regularly’ . .
Lists of cited by and citing cases may be incomplete.

Education

Updated: 04 May 2022; Ref: scu.564909

Malnak v Yogi: 2 Feb 1979

United States Court of Appeals – Third Circuit. The court considered whether the programme of teaching transcendental meditation and its associated Science of Creative Intelligence was a religious activity and so was not to be allowed to be taught in state schools.
Held: It was such. Judge Adams, said that religion bore the same meaning in that context as in the free exercise of religion clause of the Constitution, noting that the law had moved towards a broader approach in recognition of the fact that adherence to the traditional definition would deny religious identification to the faiths adhered to by millions of Americans.
Adams J thought that it wa one thing to conclude ‘by analogy’ that a particular group of ideas is religious; it was quite another to explain what indicia are to be looked at in making such an analogy and justifying it. He identified three such indicia.
The first was that the belief system is concerned with the ultimate questions of human existence: the meaning of life and death, mankind’s role in the universe, the proper moral code of right and wrong. The second was that the belief system is comprehensive in the sense that it provides an all-embracing set of beliefs in answer to the ultimate questions. The third was that there were external signs that the belief system was of a group nature which could be analogised to accepted religions. Such signs might include formal services, ceremonial functions, the existence of clergy, structure and organisation, and attempts at propagation. These indicia were not to be thought of as a final test for a religion. Rather, they were features which recognised religions would typically exhibit.

Judges:

Aldisert, Adams and Hunter, Circuit Judges

Links:

Worldlii

Cited by:

CitedHodkin and Another, Regina (on The Application of) v Registrar-General of Births, Deaths and Marriages SC 11-Dec-2013
The appellants sought to be married in their regular church in London. The minister would be pleased to perform the ceremony, but church to which they belonged was part of the Church of Scientology, and had been refused registration under the 1855 . .
Lists of cited by and citing cases may be incomplete.

Ecclesiastical, International, Education

Updated: 04 May 2022; Ref: scu.540527