Pokhriyal v The Secretary of State for The Home Department: CA 5 Dec 2013

Appeals by foreign students agaonst rejection of requests for entry to pursue further studies
Jackson LJ observed of the Pointe Based System Rules that they had ‘now achieved a degree of complexity which even the Byzantine emperors would have envied’.

Longmore, Jackson, Vos LJJ
[2013] EWCA Civ 1568, [2013] WLR(D) 471, [2014] PTSR D4, [2014] INLR 291
Bailii, WLRD
England and Wales
Cited by:
CitedMandalia v Secretary of State for The Home Department SC 14-Oct-2015
The Court considered the guidance given to UK Border Agency case workers when considering document submitted by persons applying for leave to enter or stay in the UK as foreign students. M had applied to study here, but had not accompanied his . .
CitedAA069062014 and Others AIT 30-Aug-2017
Several appellants, all from the same judge, complained of his handling of their cases.
Held: The complaints about the decisions were entirely well-founded: ‘Nobody reading them could detect how the judge reached the conclusion he did, acting . .

Lists of cited by and citing cases may be incomplete.

Immigration, Education

Updated: 26 November 2021; Ref: scu.518771

Disclosure and Barring Service v AB: CA 1 Nov 2021

This appeal concerns the powers of the Upper Tribunal hearing an appeal against a decision by the appellant, the Disclosure and Barring Service (‘the DBS’), that it was not satisfied that it was no longer appropriate for the respondent, AB, to be included in what is known as the children’s barred list, that is, a list of persons barred from engaging in certain activities relating to children.

Lord Justice Lewis
[2021] EWCA Civ 1575
Bailii
England and Wales

Education

Updated: 23 November 2021; Ref: scu.668926

Disclosure and Barring Service v AB: CA 1 Nov 2021

This appeal concerns the powers of the Upper Tribunal hearing an appeal against a decision by the appellant, the Disclosure and Barring Service (‘the DBS’), that it was not satisfied that it was no longer appropriate for the respondent, AB, to be included in what is known as the children’s barred list, that is, a list of persons barred from engaging in certain activities relating to children.

Lord Justice Lewis
[2021] EWCA Civ 1575
Bailii
England and Wales

Education

Updated: 23 November 2021; Ref: scu.668926

Epistatu v Romania: ECHR 24 Sep 2013

ECHR Article 2 of Protocol No. 1 – Right to education
Inability to complete high-school education while serving prison sentence: inadmissible
Facts – In his application to the European Court, the applicant complained under Article 2 of Protocol No. 1 to the Convention of a breach of his right to education in that he had been forced to abandon his last year of high school in order to serve a prison sentence and the prison authorities had not allowed him to complete his high-school education in prison.
Law – Article 2 of Protocol No. 1: The Court reiterated that being prevented from continuing in full-time education during lawful detention after conviction by a court cannot be construed as a deprivation of the right to education within the meaning of Article 2 of Protocol No. 1. Nor did that provision impose an obligation on prison authorities to set up ad hoc courses for prisoners.
The applicant had been forced to abandon his full-time high-school education only after he was detained following a lawful conviction by a competent court and following criminal proceedings that did not appear arbitrary. In addition, during his detention his requests to be enrolled in and allowed to finish his high-school education were examined by the prison authorities, and he was informed that the prison facilities did not have the resources to arrange the courses requested. The reasons provided did not fall outside the legal framework regulating the provision of courses for detainees. Moreover, the applicant had been allowed to enrol in and attend various sporting, artistic, religious and literary competitions, and a number of training and educational programmes in prison. There had thus been no failure by the prison authorities to comply with their obligations under Article 2 of Protocol No. 1.
Conclusion: inadmissible (manifestly ill-founded).
The Court unanimously found a violation of Article 3 of the Convention on account of overcrowding in the prison.

29343/10 – Legal Summary, [2013] ECHR 958
Bailii
European Convention on Human Rights

Human Rights, Education

Updated: 21 November 2021; Ref: scu.516470

In 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 was perverse of the LEA to decide that the Welsh school was suitable. As to Re C ‘In any event, I am clearly of the view that it was wrong and ‘suitable’ relates to the arrangements and not to the school. There is a distinction to be drawn between the objective suitability of the school which a child attends or may attend and the practical arrangements for the child’s attendance which may include the provision of free transport, boarding accommodation or enabling the child to become a registered pupil at a school nearer to his home within walking distance. Therefore, to take Roch J’s example (in ex p Schemet) it would be proper to question the suitability of the accommodation offered to the child’. As to parental choice: ‘It is inconceivable to my mind that Parliament intended the objective suitability of a school to be a defence in a subsection dealing with the lack of suitable arrangements for ensuring the attendance of a pupil. The requirement of considering objective suitability has to be inferred from the subsection and it is a construction which I do not consider it capable of bearing. Since I do not agree with [counsel’s] construction of suitable arrangements it is not strictly necessary to consider the other arguments . . . ‘

Butler-Sloss LJ
[1995] ELR 98
England and Wales
Citing:
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 . .
CitedRegina 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 . .

Cited by:
BindingRegina v Bedfordshire County Council ex parte DE 1-Jul-1996
. .
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 . .
DistinguishedRegina 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 . .

Lists of cited by and citing cases may be incomplete.

Education

Updated: 19 November 2021; Ref: scu.199248

Regina v Governors of Dunraven School Ex Parte B: CA 21 Dec 1999

Three pupils were excluded after a finding of theft. On appeal the second child to be heard was not told what had been said by the first to be heard. The first was allowed back into the school, but not the applicant.
Held: The Act showed that the child should be given a fair hearing, for which it was necessary to know the case against him. Neither the principles nor details of the PACE rules applied, but they remained a useful test of fairness and improper pressure. The procedure used was deemed unfair because the school appeared to have placed reliance upon what had been said by the first boy, and that therefore the second had not been allowed to hear the basis for the decision, and to answer allegations which might have been made.

Morritt LJ, Brooke LJ, Sedley LJ
Gazette 27-Jan-2000, Times 03-Feb-2000, [2000] ELR 156
England and Wales
Citing:
Appeal fromRegina v Governors of Dunraven School, Ex Parte B (A Child) QBD 24-Sep-1999
The school investigated allegations of theft and expelled the child. The independent appela panel rejected the appeal. The child’s parents sought a judicial review because of the way the investigation had been handled.
Held: A school enquiring . .

Cited by:
CitedRegina (on the Application of Edwards) v Head Teacher of Whitton High School and Others Admn 2-Nov-2001
The applicant’s son had been excluded from the respondent’s school. She sought judicial review of the decision in that insufficient reasons had been given, and the hearing unfair at the Independent Appeal Tribunal. The son was subject to a statement . .
Appealed toRegina v Governors of Dunraven School, Ex Parte B (A Child) QBD 24-Sep-1999
The school investigated allegations of theft and expelled the child. The independent appela panel rejected the appeal. The child’s parents sought a judicial review because of the way the investigation had been handled.
Held: A school enquiring . .

Lists of cited by and citing cases may be incomplete.

Education, Natural Justice

Updated: 17 November 2021; Ref: scu.85285

DH v Czech Repiublic: ECHR 7 Feb 2006

The claimants, 18 Roma children complained, saying that they had automatically been placed in schools for children with special needs by virtue of their racial origin.

J-P Costa P
57325/00, [2006] ECHR 113, [2006] ELR 121, (2006) 43 EHRR 41
Worldii, Bailii
European Convention on Human Rights
Cited by:
CitedWatkins-Singh, Regina (on the Application of) v The Governing Body of Aberdare Girls’ High School and Another Admn 29-Jul-2008
Miss Singh challenged her school’s policy which operated to prevent her wearing while at school a steel bangle, a Kara. She said this was part of her religion as a Sikh.
Held: Earlier comparable applications had been made under human rights . .
CitedGallagher (Valuation Officer) v Church of Jesus Christ of Latter-Day Saints HL 30-Jul-2008
The House considered whether certain properties of the Church were subject to non-domestic rating. Various buildings were on the land, and the officer denied that some fell within the exemptions, and in particular whether the Temple itself was a . .
CitedRodriguez v Minister of Housing of The Government and Another PC 14-Dec-2009
Gibraltar – The claimant challenged a public housing allocation policy which gave preference to married couples and parents of children, excluding same sex and infertile couples.
Held: The aim of discouraging homosexual relationships is . .
CitedEweida And Others v The United Kingdom ECHR 15-Jan-2013
Eweida_ukECHR2013
The named claimant had been employed by British Airways. She was a committed Christian and wished to wear a small crucifix on a chain around her neck. This breached the then dress code and she was dismissed. Her appeals had failed. Other claimants . .
CitedGillberg v Sweden ECHR 3-Apr-2012
(Grand Chamber) The applicant, a consultant psychiatrist, had conducted research with children under undertakings of absolute privacy. Several years later a researcher, for proper reasons, obtained court orders for the disclosure of the data under . .
Appeal fromDH v Czech Republic ECHR 13-Nov-2007
(Grand Chamber) The applicants complained that their children had been moved to special schools which did not reflect their needs from ordinary schools without them being consulted.
Held: The Court noted that, at the relevant time, the . .
CitedSG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions SC 18-Mar-2015
The court was asked whether it was lawful for the Secretary of State to make subordinate legislation imposing a cap on the amount of welfare benefits which can be received by claimants in non-working households, equivalent to the net median earnings . .

Lists of cited by and citing cases may be incomplete.

Education, Children, Human Rights

Updated: 14 November 2021; Ref: scu.511020

Elodie Giersch v Etat Du Grand-Duche De Luxembourg: ECJ 20 Jun 2013

ECJ Freedom of movement for persons – Equal treatment – Social advantages – Regulation (EEC) No 1612/68 – Article 7(2) – Financial aid for higher education studies – Condition of residence in the Member State granting the assistance – Refusal to grant the aid to students, who are European Union citizens not residing in the Member State concerned, whose father or mother, a frontier worker, works in that Member State – Indirect discrimination – Justification – Objective of increasing the proportion of residents with a higher education degree – Whether appropriate – Proportionality

T. von Danwitz, P
C-20/12, [2013] EUECJ C-20/12
Bailii
Regulation (EEC) No 1612/68
European

Education, Discrimination

Updated: 14 November 2021; Ref: scu.511000

Regina v Hull University Visitor, Ex parte Page; Regina v Lord President of the Privy Council ex Parte Page: HL 3 Dec 1992

The decisions of University Visitors are subject to judicial review in that they exercise a public function. English law no longer draws a distinction between jurisdictional errors of law and non-jurisdictional errors of law.
However, the court has no jurisdiction to review a decision of the visitor of a University on the construction of its statues if such a decision is made within the visitors powers.
The House considered the nature and purpose of the system of judicial review: ‘The fundamental principle [of judicial review] is that the courts will intervene to ensure that the powers of public decision-making bodies are exercised lawfully. In all cases . . this intervention . . is based on the proposition that such powers have been conferred on the decision-maker on the underlying assumption that the powers are to be exercised only within the jurisdiction conferred, in accordance with fair procedures and, in a Wednesbury sense . . reasonably. If the decision-maker exercises his powers outside the jurisdiction conferred, in a manner which is procedurally irregular or is Wednesbury unreasonable, he is acting ultra vires his powers and therefore unlawfully.’ The House discarded the distinction between error of law within and outwith jurisdiction.

Lord Keith of Kinkel, Lord Griffiths, Lord Browne-Wilkinson, Lord Mustill, Lord Slynn of Hadley
Gazette 10-Mar-1993, [1993] 3 WLR 1112, [1993] AC 682, [1992] UKHL 12, Indepent 09-Dec-1992
Bailii
England and Wales
Citing:
Appeal fromRegina v Hull University Visitor, ex parte Page CA 1991
(Orse Regina v Lord President of the Privy Council ex parte Page) The employee’s terms included two provisions, one in his letter of appointment which provided for either party to terminate on three months’ notice in writing, and one in the . .
CitedPhilips v Bury PC 1694
A university visitor, acting as a judge has exclusive jurisdiction, and his decision is final in all matters within his jurisdiction. . .
Remarks ExplainedThomas v University of Bradford HL 1987
The lecturer sought an order for the University to comply with what he understood were its own rules. The House considered the availability of a remedy of certiorari in challenging a decision of the University visitors.
Held: A university is . .
CitedPearlman v Keepers and Governors of Harrow School CA 14-Jul-1978
The court considered the finality of decision of a county court judge regarding the interpretation of the phrase ‘structural alteration’ in the 1974 Act. Paragraph 2 (2) of Schedule 8 provided that the determination of the county court judge ‘shall . .
CitedIn re Racal Communications Ltd; In Re a Company HL 3-Jul-1980
Court of Appeal’s powers limited to those Given
The jurisdiction of the Court of Appeal is wholly statutory; it is appellate only. The court has no original jurisdiction. It has no jurisdiction itself to entertain any original application for judicial review; it has appellate jurisdiction over . .

Cited by:
CitedBoddington v British Transport Police HL 2-Apr-1998
The defendant had been convicted, under regulations made under the Act, of smoking in a railway carriage. He sought to challenge the validity of the regulations themselves. He wanted to argue that the power to ban smoking on carriages did not . .
CitedAhsan v Carter CA 28-Jul-2005
The claimant sought to assert race discrimination by the Labour Party in not selecting him as a political candidate. The defendant, chairman of the party appealed.
Held: A political party when selecting candidates was not acting as a . .
CitedFord-Camber Ltd v Deanminster Ltd and Another CA 24-May-2007
The parties disputed the compensation for the diversion of a right of way. The right was over a service road connecting the land with the highway. If the land was acquired by the development authority under section 104, and was carried out by a . .
CitedLumba (WL) v Secretary of State for The Home Department SC 23-Mar-2011
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as . .
CitedEvans and Others v The Serious Fraud Office QBD 12-Feb-2015
evans_sfoQBD201502
The claimants had had criminal charges brought against them by the defendants. A court had ordered them discharged, but the defendant had recommenced proceedings and these second set of proceedings had also been dismissed by the court. They now . .
CitedRegina v Visitors to the Inns of Court ex parte Calder CA 1993
Two barristers had been struck off for disciplinary offences. Their appeals were heard by three High Court judges sitting as Visitors, who dismissed the appeals. The barristers now sought judicial review of that decision.
Held: Justices . .
CitedMajera, Regina (on The Application of v Secretary of State for The Home Department SC 20-Oct-2021
The Court was asked whether the Government can lawfully act in a manner which is inconsistent with an order of a judge which is defective, without first applying for, and obtaining, the variation or setting aside of the order. The appellant had been . .

Lists of cited by and citing cases may be incomplete.

Education, Judicial Review, Employment, Natural Justice

Leading Case

Updated: 11 November 2021; Ref: scu.187079

Essex County Council v Williams: CA 15 Nov 2011

The court was asked as to when the obligation falling on a local authority to maintain a statement of special educational needs came to an end, and in particular whether it might survive beyond 19. The claimant, aged 22, had Down’s Syndrome.
Held: The Statement lapsed withoutmore when the subject ceased to be a child, that is on attaining 19, though an authority had a residual discretion to continue support until the end of the academic year in which the birthday fell.

Maurice Kay VP, Moses LJJ, Baron J
[2011] EWCA Civ 1315, [2011] FLR 1427
Bailii, WLRD
Education Act 1996 312(5)
England and Wales
Citing:
Appeal fromAW v Essex County Council UTAA 8-Mar-2010
Tribunal procedure and practice (including UT) – tribunal jurisdiction . .

Lists of cited by and citing cases may be incomplete.

Local Government, Education

Updated: 11 November 2021; Ref: scu.448321

Dr Anya v University of Oxford and Another: CA 22 Mar 2001

Discrimination – History of interactions relevant

When a tribunal considered whether the motive for an act was discriminatory, it should look not just at the act, but should make allowance for earlier acts which might throw more light on the act in question. The Tribunal should assess the totality of the evidence on any material issue. Here the tribunal had made no findings as to allegations of earlier discriminatory behaviour, and so the conclusion that the instant act was not discriminatory was not supported, and a re-hearing was ordered.
‘The courts have repeatedly told appellants that it is not acceptable to comb through a set of reasons for hints of error and fragments of mistake, and to try to assemble these into a case for oversetting the decision. No more is it acceptable to comb through a patently deficient decision for . . just as the courts will not interfere with a decision, whatever its incidental flaws, which has covered the correct ground and answered the right questions, so should they not uphold a decision which has failed in its basic task, whatever its other virtues.’

Lord Justice Schiemann, Lord Justice Sedley And Mr. Justice Blackburne
Times 04-May-2001, [2001] EWCA Civ 405, [2001] IRLR 377, A1/2000/0293, [2001] ICR 847
Bailii
Race Relations Act 1976
England and Wales
Citing:
ApprovedQureshi v Victoria University of Manchester EAT 21-Jun-1996
The Industrial Tribunal only has jurisdiction to consider and rule upon the act or acts of which complaint is made to it. The questions on a complaint of race discrimination are: (a) Did the act complained of actually occur? (b) If the act . .
CitedKing v Great Britain China Centre CA 1991
The court considered the nature of evidence which will be available to tribunals considering a race discrimination claim.
Held: A complainant must prove his or her case on the balance of probabilities, but it is unusual to find direct evidence . .
CitedArmagas Ltd v Mundogas SA (‘The Ocean Frost’) CA 1985
Proof of corruption not needed for bribe
In establishing that money was paid as an improper inducement or bribe, proof of corruptness or a corrupt motive was unnecessary.
When a court looks at a decision of a judge at first instance, the court stressed the need to look at the . .
CitedSwiggs and others v Nagarajan HL 15-Jul-1999
Bias may not be intentional
The applicant claimed that he had been denied appointment to a job with London Regional Transport because he had brought a number of previous race discrimination claims against it or associated companies. An industrial tribunal had upheld his claim . .
CitedMeek v City of Birmingham District Council CA 18-Feb-1987
Employment Tribunals to Provide Sufficient Reasons
Tribunals, when giving their decisions, are required to do no more than to make clear their findings of fact and to answer any question of law raised.
Bingham LJ said: ‘It has on a number of occasions been made plain that the decision of an . .
Appeal fromAnya v University of Oxford and Another EAT 17-Dec-1999
. .
See AlsoDr C C Anya v University of Oxford Dr S G Roberts EAT 4-Feb-2003
EAT Race Discrimination – Inferring discrimination . .
See AlsoAnya v University of Oxford and Another EAT 1-Oct-1998
Preliminary hearing . .
CitedTchoula v Netto Foodstores Ltd EAT 14-Jul-1997
The appicant sought leave to appeal against refusal of his claim of race discrimination.
Held: Leave was granted on one point. The Industrial Tribunal under the heading ‘Dismissal’, referred to the fact that: ‘The applicant lacked the ability . .

Cited by:
FollowedMa v Shasonic Ltd EAT 16-Jul-2001
The appellant’s allegations of racial discrimination had been dismissed. He argued that the reasons given were inadequate. Because such claims are often unusually sensitive to the particular facts, it can be more important for the tribunal to deal . .
CitedA Bhadhuri v Doncaster Metropolitan Borough Council EAT 30-Apr-2002
EAT Race Discrimination – Jurisdiction
The applicant challenged dismissal of his claim for direct race discrimination by his employers. He said that his employers failure to support his career progression . .
CitedThe Law Society v Kamlesh Bahl EAT 7-Jul-2003
EAT Sex Discrimination – Direct
The complainant had been suspended from her position as Vice President of the Law Society. The Society and its officers appealed findings of sex and race discrimination . .
CitedDeman v The Association of University Teachers and Others EAT 2-Jul-2003
EAT Practice and Procedure – Estoppel
EAT Practice and Procedure – Estoppel or Abuse of Process. . .
CitedLaw Society v Bahl CA 30-Jul-2004
The claimant had succeeded before the employment tribunal in her claim of race discrimination by the respondent and senior officers. She now appealed the reversal of that judgment. The claimant asked the tribunal to draw inferences of discrimination . .
See AlsoDr C C Anya v University of Oxford Dr S G Roberts EAT 4-Feb-2003
EAT Race Discrimination – Inferring discrimination . .
CitedF and C Asset Management Plc and others v Switalski EAT 23-May-2008
EAT Sex Discrimination – Comparison – Burden of proof
Practice and Procedure – Appellate jurisdiction/reasons/Burns-Barke
Direct sex discrimination – less favourable treatment – comparative exercise – . .
CitedAssociated Society of Locomotive Engineers and Firemen v Brady EAT 31-Mar-2006
The reason adduced by the union for the dismissal of the climant was found by the Tribunal on the facts not to be the true reason for dismissal, the true reason being the union executive committee’s political antipathy to Mr Brady.
Held: It . .
CitedHamilton v Tandberg Televison Ltd EAT 12-Dec-2002
The applicant claimed unfair constructive dismissal.
Held: The appeal failed. McMullen QC J said: ‘It is suggested that the Employment Tribunal erred in law in failing to condemn the investigation. The standard against which investigation . .
CitedMars UK Ltd T/A Masterfoods v K Parker EAT 24-Oct-2005
EAT Whether an Employment Tribunal took a permissible approach to determining that a dismissal was unfair, in circumstances in which it did not clearly set out the terms of section 98 of the Employment Rights Act . .
CitedDoherty v The Training and Development Agency for Schools EAT 29-Oct-2009
doherty_tdaEAT2009
EAT UNFAIR DISMISSAL
Reason for dismissal including substantial other reason
Reasonableness of dismissal
JURISDICTIONAL POINTS: Extension of time: just and equitable
VICTIMISATION . .
CitedCartamundi Uk Ltd v Worboyes EAT 4-Dec-2009
EAT RACE DISCRIMINATION
Comparison
Direct
VICTIMISATION DISCRIMINATION
Other forms of victimisation
Relevance of out of time complaints by way of background evidence in determining . .
CitedO’Neill v Metronet Rail BVC Ltd EAT 7-Dec-2009
EAT RACE DISCRIMINATION
Direct
JURISDICTIONAL POINTS
Extension of time: reasonably practicable
2002 Act and pre-action requirements
The Claimant was employed for less than one year. . .
CitedShort (Appeal No 2) v P J Hayman and Co Ltd EAT 7-Dec-2009
EAT PRACTICE AND PROCEDURE
Appellate jurisdiction /reasons/Burns-Barke
Perversity
The Employment Tribunal failed to include in its written reasons a number of matters including a concise statement . .
CitedJackson Grundy Estate Agents v Hall EAT 15-Jan-2010
EAT PRACTICE AND PROCEDURE: Appellate jurisdiction/reasons/Burns-Barke
SEX DISCRIMINATION: Pregnancy and discrimination
Meek-compliance – Failure by Employment Tribunal to explain why they preferred . .
CitedO’Prey v National Australia Group Ltd NIIT 27-Jun-2007
. .
CitedBritish Medical Association v Chaudhary CA 27-Jul-2007
. .
CitedHaque v Green and Co EAT 15-Aug-2007
EAT PRACTICE AND PROCEDURE: Bias / Costs
The Employment Tribunal Chairman did not err in striking out two of the Claimant’s claims and allowing others to remain as background evidence, with other claims to . .
CitedBirmingham City Council and Another v Samuels EAT 24-Oct-2007
EAT Unfair dismissal – Procedural fairness/automatically unfair dismissal
Practice and Procedure – Appellate jurisdiction/Reasons/Burns-Barke
Race discrimination – Direct / Burden of proof / . .
CitedAziz-Mir v Sainsbury’s Supermarkets Plc EAT 28-Nov-2007
EAT Practice and Procedure – Bias, misconduct and procedural irregularity
Race Discrimination – Direct
1. An allegation of actual bias and for recusal by way of disqualification of the Chairman was . .
CitedBowers v Amicus (MSF) FENI 19-Dec-2007
The decision of the Tribunal is that the respondent’s application to strike out certain paragraphs or parts of paragraphs of the claimant’s amended witness statement is granted in respect of those paragraphs or parts of paragraphs, identified and . .
CitedMcCoy v James Mcgregor and Sons Ltd NIIT 19-Dec-2007
. .
CitedKotecha v Insurety Plc (T/A Capital Health Care) and others EAT 22-Feb-2008
EAT Race Discrimination: Burden of proof
Tribunal erred in applying principles in Igen. . .
CitedBhadra v The General Medical Council and others EAT 12-Mar-2008
EAT PRACTICE AND PROCEDURE: Case management
The Claimant had a 10-year history of unsuccessful litigation against the Respondent. When the Claimant was struck off the medical register in 2006 as the . .
CitedD’Silva v Natfhe (Now Known As University and College Union) and others EAT 12-Mar-2008
EAT Race Discrimination – Inferring discrimination
The Appellant, a University lecturer, alleged that decisions taken by his union about assisting him with a discrimination claim against his University were . .
CitedDeman v Association of University Teachers FENI 21-Mar-2008
. .
CitedKenney v Ministry of Defence EAT 31-Jul-2008
EAT SEX DISCRIMINATION: Direct / Inferring discrimination
The Employment Tribunal dismissed a claim for direct sex discrimination brought by a woman in the Royal Navy Reserve who complained that she had . .
CitedBowers v Amicus (MSF) FENI 7-Aug-2008
. .
CitedTimis v Aerospace Metal Finishers Ltd NIIT 8-Aug-2008
. .
CitedSyed v Wightlink (Guernsey) Ltd and Another EAT 3-Oct-2008
EAT RACE DISCRIMINATION: Direct / Burden of proof
PRACTICE AND PROCEDURE: Appellate jurisdiction/reasons/Burns-Barke
Direct race discrimination. Consideration of case at stage 1 of Igen. Reasons for . .
CitedMuscat v Health Professions Council Admn 14-Nov-2008
. .
CitedLondon Borough of Islington v Ladele EAT 19-Dec-2008
EAT RELIGION OR BELIEF DISCRIMINATION
The claimant was a Registrar who, amongst other things, registered marriages. When the Civil Partnerships Act came into force, she refused to participate in registering . .
CitedBeck v Canadian Imperial Bank of Commerce EAT 2-Mar-2009
EAT PRACTICE AND PROCEDURE: Disclosure
Disclosure of specific documents is necessary where evidence in a different employee’s grievance, of a ‘smoking gun’ supporting the Claimant’s case of race . .
CitedBialczyk v Mcgrady NIIT 16-Mar-2009
. .
CitedTeva (UK) Ltd v Goubatchev EAT 27-Apr-2009
EAT RACE DISCRIMINATION: Direct / Inferring discrimination
PRACTICE AND PROCEDURE: Appellate jurisdiction /reasons /Burns-Barke
Issues- what steps an Employment Tribunal should take before drawing . .
CitedCanadian Imperial Bank of Commerce v Beck CA 26-Jun-2009
. .
CitedArmstrong v Chief Constable Of the Police Service for Northern Ireland NIIT 3-Aug-2009
Claims for direct and indirect sex discrimination dismissed. . .
CitedMullan v Dungannon and South Tyrone District Borough Council FENI 5-Aug-2009
. .
CitedMcCann v Dungannon and South Tyrone District Borough Council FENI 5-Aug-2009
. .
CitedDonaghy v Dungannon and South Tyrone District Borough Council FENI 5-Aug-2009
. .
CitedDevine v Dungannon and South Tyrone District Borough Council FENI 5-Aug-2009
. .
CitedAllen v Dungannon and South Tyrone District Borough Council FENI 5-Aug-2009
. .
CitedCorr v Dungannon and South Tyrone District Borough Council FENI 5-Aug-2009
. .
CitedClarke v The Co-Operative Group Ltd NIIT 19-Aug-2009
. .
CitedBirmingham City Council v Laws EAT 27-Sep-2006
EAT Practice and Procedure – Case management
Practice and Procedure – Bias, misconduct and procedural irregularity
Disability Discrimination Act (and other) claim. Issues identified at case management . .
CitedLyfar v Brighton and Sussex University Hospitals Trust CA 14-Nov-2006
The claimant appealed against rejection of her claim for race discrimination as having been made out of time. . .
CitedNorth East London Strategic Health Authority v Nassir-Deen EAT 18-Dec-2006
EAT Race Discrimination – Inferring discrimination; Victimisation; Vicarious liability
The Employment Tribunal appear to have found that a non-discriminatory, unreasonable, treatment of the Claimant was . .
CitedTyne and Wear Passenger Transport Executive (T/A Nexus) v Best and others EAT 21-Dec-2006
EAT Sex Discrimination
Equal Pay – Like work
Female train drivers made a claim under S1 of the Equal Pay Act 1970. The Claimants were in a group known as ‘Metro Operators’ and claimed parity of pay for . .
CitedPherwani v the Surgical Training Committee of the Ni Post Graduate Council for Medical and Dental Education NIIT 9-Feb-2007
. .
CitedOkonu v G4S Security Services (UK) Ltd EAT 11-Feb-2007
EAT Race discrimination
The burden of proof in section 54A of the Race Relations Act 1976 does not apply to cases of direct discrimination on the grounds of nationality or colour. In such cases the less . .
CitedMccartney v University of Ulster NIIT 12-Feb-2007
. .
CitedJones v Friction Dynamics Ltd and others EAT 28-Mar-2007
EAT The Appellant was one of 6 appearing before an Employment Tribunal which heard a discrete issue in each of those cases, namely whether the Claimants’ contract of employment with the first Respondent, Friction . .
CitedDuffy v Ulsterbus Ltd FENI 30-Mar-2007
. .
CitedBlundell v St Andrew’s Catholic Primary School and Another EAT 10-May-2007
EAT Sex Discrimination – Victimisation
A schoolteacher appealed from dismissal of her claims for sex (pregnancy) discrimination against school and her head teacher, in expressing anger at her being pregnant . .
CitedSingh v Biotechnology and Biological Sciences Research Council (Bbsrc) and Another EAT 8-May-2007
EAT Following a preliminary hearing in a case in which the Claimant had been successful in a claim that he had been unfairly dismissed but unsuccessful in claims that he had suffered racial discrimination and . .
CitedM Hawes v Marconi Mobile EAT 7-Feb-2006
EAT Contract of Employment: Damages for Breach of Contract
In assessing how much was due to the employee for breach of contract the ET had to evaluate what bonus the employee would have received absent the . .
CitedDeman v Owen and Another EAT 15-Mar-2006
EAT Race Discrimination: Inferring Discrimination and Victimisation
Direct discrimination alleged. Employment Tribunal finding that selection panel rejected Appellant for shortlist because he did not have . .
CitedLi v Atkins and Gregory Ltd EAT 5-Jul-2006
EAT Race Discrimination – Direct; Burden of proof
Claims of race discrimination arising out of a dismissal were rejected. Tribunal found both that the Appellant had failed to establish a prima facie case and . .
CitedHumphries v Chevler Packaging Ltd EAT 24-Jul-2006
EAT The Appellant left her employment and claimed (a) unfair constructive dismissal and (b) disability discrimination. On a preliminary point the ET held the disability discrimination claim was out of time as . .
CitedFernandez v The Office of the Parliamentary Commissioner for Administration and Another EAT 28-Jul-2006
EAT Discrimination – burden of proof – whether Bahl v Law Society still good law – significance of first tribunal’s findings on unfair dismissal claim when second tribunal conducted discrimination hearing . .
CitedQuigley v University of St Andrews EAT 9-Aug-2006
EAT The claimant, a university lecturer, claimed that he had been unfairly constructively dismissed. The tribunal held that the university had acted reasonably throughout the period of his employment, that they . .
CitedThomatheram v Leicester City Council and others EAT 16-Aug-2006
EAT Race and sex discrimination alleged in recruitment exercise. Claimant’s contentions that successful candidates either (1) did not meet elements of the person specifications for the posts or (2) were weaker on . .
CitedSK (Proof of Indirect Racial Discrimination) India AIT 5-Sep-2006
AIT 1. The Court of Appeal, House of Lords and Luxemburg authorities on race and sex discrimination in employment are to be used as a guide for the establishment of race discrimination in appeals to this . .
CitedGlasgow City Council v C Bvunzai EAT 18-Oct-2004
EAT Race Discrimination – Direct . .
CitedBvunzai v Glasgow City Council SCS 1-Dec-2005
. .
CitedCS (Race Discrimination, Proper Approach, Effect) Jamaica IAT 10-Jan-2006
. .
CitedDr Vivienne Jean Lyfar v Brighton and Sussex University Hospitals Trust EAT 31-Jan-2006
EAT Race Discrimination
The Employment Tribunal Chairman divided the 17 allegations of race discrimination formulated by counsel into 4 periods. These periods were derived from that document. The finding . .
CitedBvunzai v Decisions of Glasgow City Council SCS 8-Dec-2009
. .
CitedWandsworth Borough Council v K Warner EAT 6-Jul-2005
EAT Race Discrimination – Direct. . .
CitedSandra Williams v Home Office CA 27-Jul-2005
. .
CitedC Ather v the Blue Coat School EAT 11-Aug-2005
EAT Sex Discrimination – Indirect. . .
CitedA Miller v Crime Concern Trust Limited EAT 16-Sep-2005
EAT Race Discrimination – Inferring discrimination. . .
CitedJ Browne v The Governing Body of Kingswood Primary School London Borough of Lambeth EAT 27-Sep-2005
EAT Redundancy: Fairness
On the issue of a fair redundancy, the tribunal failed to consider statute and regulations and local authority advice in relation to redundancy procedure. . .
CitedThe Chief Constable of West Yorkshire v Magagnin EAT 18-Aug-2003
EAT Practice and Procedure – Bias, misconduct and procedural irregularity . .
CitedCarlin v Social Security Agency FENI 29-Apr-2005
. .
CitedKhan v Trident Safeguards Limited, Shaw, King, Wright, Harman EAT 6-May-2005
EAT Race Discrimination – Direct – Victimisation. . .
CitedThe Crown Prosecution Service v Aziz EAT 23-May-2005
EAT Race Discrimination – Erroneous construction by Employment Tribunal in law of Respondent’s disciplinary procedures led to the conclusion that the Respondent had acted in deliberate breach of its own procedure . .
CitedDr M Tariquez-Zaman v University of London (London Deanery of Postgraduate Medical and Dental Education) EAT 27-Jun-2005
EAT Working Time Regulations – Worker. . .
CitedTariquez-Zaman v General Medical Council EAT 20-Dec-2006
EAT Race Discrimination – Discrimination by other bodies
Practice and Procedure – Amendment
(a) The Employment Tribunal correctly held it had no jurisdiction to hear Claimant’s case brought under the . .
CitedTariquez-Zaman v London Deanery of Postgraduate Medical and Dental Education EAT 14-Feb-2008
EAT Race Discrimination – Other losses
Victimisation Discrimination
Victimisation – remedies hearing – inconsistent findings of fact in critical paragraph of Tribunal’s decision – cross-appeal allowed . .
CitedCarlin v Social Security Agency FENI 4-Mar-2008
. .
CitedTariquez-Zaman v London Deanery of Post Graduate Medical and Dental Education CA 6-Nov-2008
Renewed application for leave to appeal against decision of the EAT. . .
CitedOffice of the Parliamentary Commissioner for Administration and Health Service Commissioners v Fernandez EAT 15-Feb-2005
EAT Race Discrimination
1. The employer’s appeal against the majority ET’s judgment upholding the Claimant’s unfair dismissal claim was dismissed. The ET did not substitute its own judgment for that of the . .
CitedUrsell v Manor Bakeries Ltd EAT 21-Feb-2005
EAT Maternity Rights and Parental Leave – Unfair dismissal. . .
CitedMadarassy v Nomura International Plc EAT 13-Jul-2004
EAT Sex discrimination: was Employment Tribunal’s approach to the evidence and the drawing of inferences incorrect and such as to cause it to misinterpret and misapply the burden of proof: was there a failure to . .
CitedWheeler v Sungard Sherwood Systems Group Ltd EAT 18-Oct-2004
EAT Disability Discrimination – Justification . .
CitedCurley v Chief Constable of the Police Service of Northern Ireland and Another FENI 5-Nov-2004
. .
CitedDattani v The Chief Constable of West Mercia Police EAT 6-Dec-2004
EAT Race Discrimination – Burden of proof (1) ET erred when, in considering whether C had made out a prima facie case of race discrimination, it paid attention at that stage to evidence and explanations of the . . .
CitedM Phillips v Royal Mail Group Plc EAT 12-Nov-2004
EAT Practice and Procedure – Bias, misconduct and procedural irregularity . .
CitedMoyo v Tower Hamlets Consortium EAT 26-Mar-2004
EAT Race Discrimination – Victimisation. . .
CitedJames Greig v DTZ Management Services Ltd EAT 27-Jul-2004
EAT Disability Discrimination – Disability . .
CitedMoyo v Tower Hamlets Consortium CA 30-Jul-2004
. .
CitedSukul-Lennard v Croydon Primary Care Trust EAT 5-Nov-2002
. .
CitedThe University of Huddersfield v Dr P R Wolff EAT 16-Jul-2003
EAT Sex Discrimination – Burden of proof . .
CitedButcher v The Salvage Association EAT 2-Jul-2003
. .
CitedNwoke v London Borough of Brent EAT 18-Jul-2003
EAT Time Limits – Just and equitable extension . .
CitedWendy Comfort v Lord Chancellor’s Department EAT 29-May-2003
EAT Practice and Procedure – Perversity . .
CitedBrian Smith v W M Martin and Co (Marine) Ltd EAT 14-May-2003
EAT Unfair Dismissal – Constructive dismissal . .
CitedOnuegbu v Campbell CA 11-Jun-2003
. .
CitedT Lammy v HEP Sections Ltd EAT 13-Mar-2003
EAT Race Discrimination – Inferring discrimination . .
CitedC Harrison v London Fire and Emergency Planning Authority Formley Lfcda G Luke EAT 11-Apr-2003
EAT Race Discrimination – Direct . .
CitedOdenore v Associated Nursing Homes Ltd EAT 14-May-2003
EAT Race Discrimination – Direct . .
CitedJohal v Crown Prosecution Service EAT 14-May-2003
. .
CitedK Hanly M De Bergolis v Norinchukin International Plc EAT 7-Apr-2003
EAT Race Discrimination – Direct
EAT Race Discrimination – Indirect
EAT Procedural Issues – Employment Tribunal.
CitedTeruel-Fanning v Park View Rest Homes Ltd EAT 9-May-2003
. .
CitedA Rene v St John Ambulance Ltd EAT 1-May-2003
EAT Unfair Dismissal – Reason for dismissal
EAT Unfair Dismissal – Reason for dismissal including substantial other reason. . .
CitedS J Chinyanga v Buffer Bear Limited EAT 8-May-2003
EAT Race Discrimination – Indirect . .
CitedBergolis v Norinchukin International Plc EAT 13-May-2003
. .
CitedCampbell v Onuegbu and others EAT 12-Apr-2002
. .
CitedP Whitmore, S Whitmore v The Prison Service EAT 12-Nov-2002
EAT Contract of Employment – Breach of Contract. . .
CitedCampbell vOnuegbu and others EAT 15-Apr-2003
. .
CitedThe Council of the City of Sunderland v Newsome EAT 11-Feb-2003
EAT Disability Discrimination – Compensation . .
CitedSule-Charles v Customs and Excise EAT 3-Apr-2003
. .
CitedDr J B Ilangaratne v British Medical Association Dr Richard Smith EAT 24-Mar-2003
EAT Race Discrimination – Direct . .
CitedDeman v Association of University Teachers CA 14-Mar-2003
The appellant challenged dismissal of his claim for race discrimination. In the midst of a dispute with the employer University. He was dissatisfied with the support given by his union. He was refused legal assistance save through a firm of lawyers . .
CitedK Leverson v N Huggins Gwent Police Force EAT 18-Mar-2003
EAT Practice and Procedure – Application . .
CitedCompany X v A and Another EAT 14-Mar-2003
. .
CitedYellow Pages Limited v David Garton EAT 12-Mar-2003
EAT Disability Discrimination – Reasonable adjustments . .
CitedVictor-Davis v Hackney EAT 21-Feb-2003
. .
CitedZaman v Qinetiq (Formerly Defence Evaluation Research Agency Cda Section) EAT 21-Feb-2003
. .
CitedLisboa v Realpubs Ltd and Others EAT 11-Jan-2011
lisboa_realpubsEAT11
EAT SEXUAL ORIENTATION DISCRIMINATION
Whether Respondent’s policy of encouraging a wider clientele at a formerly gay pub involved less favourable treatment of gay customers causing the Claimant to resign in . .
CitedMartin v Goldsobel EAT 6-Sep-2001
The employee had been dismissed. She alleged that it was because of her pregnancy, and was automatically unfair. The employers, a firm of solicitors, alleged that it related to her standards of work.
Held: To establish sex discrimination a . .

Lists of cited by and citing cases may be incomplete.

Discrimination, Education

Leading Case

Updated: 11 November 2021; Ref: scu.147479

Davies v London Borough of Haringey: QBD 17 Oct 2014

The claimant had been employed as a teaching assistant. She came to work with the union, eventually being released from her work full time to undertake the role within the union. The defendant suspended the claimant from her role for alleged breaches of the Borough’s Code of Conduct and Social Media Policy. The actions did not relate to her teaching. She said that only the school’s policy could be applicable, though she had not attended there since 2000. The school said that it had re-engaged all its current staff, and that the claimant had not applied to be re-employed.
Held: The claimant was within the category of ‘all permanent Council employees’, and did not fall within the exceptions which relate to staff working in schools. The defendant accordingly had power to suspend her.

Supperstone J
[2014] EWHC 3393 (QB)
Bailii
Education Act 2002, School Staffing (England) Regulations 2009, Education (Modification of Enactments Relating to Employment) (England) Order 2003
England and Wales
Citing:
CitedSolectron Scotland Ltd v Roper and others EAT 31-Jul-2003
The court was asked whether, following a TUPE transfer, a contractual term with regard to the making of enhanced redundancy payments had been preserved.
Held: Elias J said: ‘The fundamental question is this: is the employee’s conduct, by . .
CitedJones v Associated Tunnelling Co Ltd EAT 16-Oct-1981
The tribunal had been asked as to the circumstances under which the acceptance of new employment terms can be inferred from an employee’s continuing to work.
Browne-Wilkinson P said: ‘The starting point must be that a contract of employment . .
CitedShumba and Others v Park Cakes Ltd EAT 28-Nov-2012
EAT REDUNDANCY – Contractual scheme
It was the Claimants’ case – and the Claimants adduced evidence – that enhanced redundancy payments were made under a scheme without exception for a substantial period . .
CitedMurphy v Slough Borough Council Governing Body of Langleywood School CA 16-Feb-2005
The court was asked as to who was the appropriate respondent when a claim for disability discrimination is brought by a teacher employed at a maintained community school with a delegated budget. The teacher’s contract of employment is with the local . .
CitedPark Cakes Ltd v Shumba and Others CA 31-Jul-2013
. .

Lists of cited by and citing cases may be incomplete.

Employment, Education

Updated: 11 November 2021; Ref: scu.537747

Lavida And Others v Greece: ECHR 30 May 2013

The case concerned the education of Roma children who were restricted to attending a primary school in which the only pupils were other Roma children.
Held: Violation of Article 14 (prohibition of discrimination) in conjunction with Article 2 of Protocol No. 1 (right to education)
The Court found that the continuing nature of this situation and the State’s refusal to take anti-segregation measures implied discrimination and a breach of the right to education.

7973/10 – Chamber Judgment (French Text), [2013] ECHR 488
Bailii
European Convention on Human Rights
Human Rights

Human Rights, Children, Discrimination, Education

Leading Case

Updated: 11 November 2021; Ref: scu.510736

Regina (Williamson and Others) v Secretary of State for Education and Employment: CA 12 Dec 2002

The claimants sought a declaration that the restriction on the infliction of corporal punishment in schools infringed their human right of freedom of religion. The schools concerned were Christian schools who believed that moderate corporal discipline was required in order to give expression to their religious beliefs. The respondent argued that the beliefs asserted, whilst genuine, were not religious beliefs protected under the Convention.
Held: The ban did not infringe their human rights. The beliefs asserted were cogent and sincere as required in Cosans. The fact that certain acts would only constitute an expression of a religious belief if conducted with a certain motivation did not prevent them being such an expression when they occurred. The acts sought to be allowed would therefore be expressions of religious belief for these individuals, and the restriction did demonstrate a failure to respect that belief. However the rules would not prevent the administration of corporal punishment by parents, and the schools could refer a child back to his parents, who would not be restricted. The restriction did not therefore interfere with the rights of the parents to express their religious beliefs.

Buxton, Rix, Arden LJJ
Times 18-Dec-2002, [2003] QB 1300, [2002] EWCA Civ 1926, [2003] ELR 176
Bailii
Education Act 1996 548, European Convention on Human Rights Art 9.2 First Protocol Art 2
England and Wales
Citing:
CitedCampbell 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 . .
Appeal fromRegina (Williamson and Others) v Secretary of State for Education and Employment Admn 15-Nov-2001
A genuine religious belief which supported the use of corporal punishment in schools was not itself either a manifestation of religious belief which required protection under the convention, or a religious and philosophical conviction for the . .
CitedEdgington v Fitzmaurice CA 7-Mar-1885
False Prospectus – Issuers liable in Deceit
The directors of a company issued a prospectus, falsely stating that the proceeds were to be used to complete alterations to the buildings of the company, to purchase horses and vans and to develop the trade of the company. In fact it was to pay off . .

Cited by:
CitedRegina (Amicus etc) v Secretary of State for Trade and Industry Admn 26-Apr-2004
The claimants sought a declaration that part of the Regulations were invalid, and an infringement of their human rights. The Regulations sought to exempt church schools from an obligation not to discriminate against homosexual teachers.
Held: . .
CitedKhan v Royal Air Force Summary Appeal Court Admn 7-Oct-2004
The defendant claimed that he had gone absent without leave from the RAF as a conscientous objector.
Held: The defendant had not demonstrated by complaint to the RAF that he did object to service in Iraq. In some circumstances where there was . .
Appeal fromRegina v Secretary of State for Education and Employment and others ex parte Williamson and others HL 24-Feb-2005
The appellants were teachers in Christian schools who said that the blanket ban on corporal punishment interfered with their religious freedom. They saw moderate physical discipline as an essential part of educating children in a Christian manner. . .
CitedMcFarlane v Relate Avon Ltd CA 29-Apr-2010
The employee renewed his application for leave to appeal against refusal of his discrimination claim on the grounds of religious belief. He worked as a relationship sex therapist, and had signed up to the employer’s equal opportunities policy, but . .

Lists of cited by and citing cases may be incomplete.

Education, Children, Human Rights, Ecclesiastical

Leading Case

Updated: 11 November 2021; Ref: scu.178520

DD, Regina (on The Application of) v Independent Appeal Panel of The London Borough of Islington and Another: Admn 25 Jul 2013

The claimant sought judicial review of the defendant’s decision by which it dismissed the claimant’s appeal against the decision of the London Borough of Islington to refuse to comply with the claimant’s preference for her son LD to attend T primary school in the reception year.
Held: The Admissions Code should be read as a whole, applying the natural and ordinary meaning of the words used in the light of the context in which it was published.

McKenna HHJ
[2013] EWHC 2262 (Admin), [2013] ELR 483
Bailii
England and Wales
Cited by:
CitedLondon 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: 11 November 2021; Ref: scu.513741

Clark v University of Lincolnshire and Humberside: CA 14 Apr 2000

A student had been failed after being falsely accused of cheating, but the academic review board, on remarking the paper marked it as zero.
Held: Where a University did not have the supervisory jurisdiction of a visitor, a breach of contract by the University was judiciable by the courts. They had not properly marked the paper as they were obliged to under the contract with the student. The availability of judicial review did not prevent an action in contract, but excess delay could have led to the proceedings being struck out. Decisions on applications for leave to appeal are not binding precedents. The court explained the effect of the Civil Procedure Rules on applications for certiorari as outlined in O’reilly v Mackman. Where the private law claim is based either wholly or substantially on ‘public law issues’, then normally the challenge to the public body should be made by way of judicial review. A failure to use that procedure will not be fatal to the claim. But if that procedure is not used and the challenge is made outside the public law challenge time limits, then the courts may refuse to allow that claim to be made in ‘private law’ proceedings, on the basis that the excessive delay is an abuse of process.

Woolf MR, Sedley LJ
Times 03-May-2000, [2000] 3 All ER 752, [2000] EWCA Civ 129, [2000] 1 WLR 1988
Bailii
England and Wales
Citing:
CitedO’Reilly v Mackman HL 1982
Remission of Sentence is a Privilege not a Right
The plaintiffs had begun their action, to challenge their loss of remission as prisoners, by means of a writ, rather than by an action for judicial review, and so had sidestepped the requirement for the action to be brought within strict time . .

Cited by:
CitedPhonographic Performance Limited v Department of Trade and Industry HM Attorney General ChD 23-Jul-2004
The claimant represented the interests of copyright holders, and complained that the defendant had failed to implement the Directive properly, leaving them unable properly to collect royalties in the music rental market. The respondent argued that . .
CitedStancliffe Stone Company Ltd v Peak District National Park Authority QBD 22-Jun-2004
The claimants sought a declaration. Planning permission had been confirmed for four mineral extraction sites by letter in 1952. In 1996, two were listed as now being dormant. The claimant said the letter of 1952 created on single planning permision . .
CitedDavidson v Scottish Ministers HL 15-Dec-2005
The complainant a prisoner sought an order that he should not be kept in conditions found to be inhumane. He had been detained in Barlinnie priosn. The Crown replied that a mandatory order was not available against the Scottish Ministers.
CitedRhondda Cynon Taff Borough Council v Watkins CA 12-Feb-2003
Land had been purchased compulsorily, but the respondent unlawfully returned to possession in 1966, and now claimed title by adverse possession. The Council executed a vesting deed poll in 1988. The Council asserted that he could not be in adverse . .
CitedSher and Others v Chief Constable of Greater Manchester Police and Others Admn 21-Jul-2010
The claimants, Pakistani students in the UK on student visas, had been arrested and held by the defendants under the 2000 Act before being released 13 days later without charge. They were at first held incognito. They said that their arrest and . .
CitedRuddy v Chief Constable, Strathclyde Police and Another SC 28-Nov-2012
The pursuer said that he had been assaulted whilst in the custody of the responder’s officers. He began civil actions after his complaint was rejected. He repeated the allegation of the assault, and complained also as to the conduct of the . .
CitedLondon Borough of Lewisham and Others), Regina (on The Application of) v Assessment and Qualifications Alliance and Others Admn 13-Feb-2013
Judicial review was sought of the changes to the marking systems for GCSE English in 2012.
Held: The claim failed. Though properly brought, the failure was in the underlying structue of the qualification, and not in the respondent’s attempts . .
CitedSiddiqui v University of Oxford QBD 5-Dec-2016
The University applied to have struck out the claim by the claimant for damages alleging negligence in its teaching leading to a lower class degree than he said he should have been awarded.
Held: Strike out on the basis that the claim was . .

Lists of cited by and citing cases may be incomplete.

Education, Contract

Leading Case

Updated: 10 November 2021; Ref: scu.79196

H v East Sussex County Council and Others: CA 31 Mar 2009

The claimant had a statement of special educational needs, which she sought to have altered to specify a different school. She appealed from a refusal to amend the statement, saying that the Tribunal had not given sufficient weight to educational experts without stating why.
Held: The appeal was dismissed. The court contrasted the approaches taken in KW and in H v Kent. It was important not to raise statements made in a particular context to being ones of law. The Regulations required the provision of summary reasons only. In this case the educational expert had relied on grounds outside those strictly relating to educational needs. The tribunal had in fact properly taken account of all the evidence.

Lord Justice Waller, Lord Justice Scott Baker and Lord Justice Toulson
[2009] EWCA Civ 249, Times 22-Apr-2009, [2009] ELR 161
Bailii
Education Act 1996 324, Special Educational Needs Tribunal Regulations 2001 (SI 2001/600) 836, Education (Special Educational Needs) (Consolidation) Regulations 2001 (SI 2001/3455) 16
England and Wales
Citing:
CitedKW and VW v London Borough of Lewisham 2007
Wilkie J said: ‘In my judgment, in a case such as this, where there were contending points of view being expressed by various professionals on either side of the argument, the tribunal has given sufficient reasons by identifying which side of the . .
CitedH v Kent County Council and the Special Educational Needs Tribunal 2000
Grigson J said: ‘A specialist tribunal such as SENDIST can use its expertise in deciding issues but if it rejects expert evidence it should state so specifically. In certain circumstances it may be required to say why it rejects it.’ . .
CitedMeek v City of Birmingham District Council CA 18-Feb-1987
Employment Tribunals to Provide Sufficient Reasons
Tribunals, when giving their decisions, are required to do no more than to make clear their findings of fact and to answer any question of law raised.
Bingham LJ said: ‘It has on a number of occasions been made plain that the decision of an . .
CitedUnion of Construction, Allied Trades and Technicians (UCATT) v Brain CA 1981
The Court discussed how to evaluate whether the employers acted reasonably: ‘Whether someone acted reasonably is always a pure question of fact. Where parliament has directed a tribunal to have regard to equity – and that, of course, means common . .
CitedRegina (on the Application of LR) v Waltham Forest Special Educational Needs and Disability Tribunal Admn 21-Nov-2003
Beatson J considered the extent of reasons to be given by a SENDIST for its decision: ‘Reasons must, first, deal with the substantial points that have been raised so that the parties can understand why a decision has been reached. This is seen from . .
CitedW v Leeds City Council and SENDIST CA 29-Jul-2005
The court recognised a distinction between educational and non-educational provision as it affected a statement of special educational needs. Judge LJ: ‘Consistent with the relevant statutory provision, Part 3 of the Statement must make provision . .
CitedSecretary of State for the Home Department v AH (Sudan) and others HL 14-Nov-2007
The three respondents had fled persecution in Darfur. They sought asylum which was refused, and they now appealed. It was argued that whilst they had a well founded fear of persecution in Dhafur, that would not apply if they returned to Khartoum. . .

Lists of cited by and citing cases may be incomplete.

Education

Updated: 10 November 2021; Ref: scu.327995

Regina v Secretary of State for Education and Employment and others ex parte Williamson and others: HL 24 Feb 2005

The appellants were teachers in Christian schools who said that the blanket ban on corporal punishment interfered with their religious freedom. They saw moderate physical discipline as an essential part of educating children in a Christian manner.
Held: The appeal was dismissed. For Article 9 to be engaged (aside from certain other threshold conditions) the manifestation of belief relied on must be intimately linked to the belief concerned. ‘Religious liberty, they say, requires that parents should be able to delegate to schools the ability to train children according to biblical principles. In practice the corporal punishment of boys takes the form of administering a thin, broad flat ‘paddle’ to both buttocks simultaneously in a firm controlled manner. Girls may be strapped upon the hand. The child is then comforted by a member of the staff and encouraged to pray. The child is given time to compose himself before returning to class. There is no question of ‘beating’ in the traditional sense. ‘Smacking’ would be closer to the mark.’ They had been appointed as agents of the parents, and purported to deliver that discipline not as teachers but in loco parentis.
Held: The argument that the teachers were acting as agents for the parents was untenable. ‘article 9 safeguards freedom of religion. This freedom is not confined to freedom to hold a religious belief. It includes the right to express and practise one’s beliefs. Without this, freedom of religion would be emasculated. Invariably religious faiths call for more than belief. To a greater or lesser extent adherents are required or encouraged to act in certain ways’ and was given special mention in the 1998 Act. Not every act of physical punishment would infringe a child’s article 9 rights, and therefore a full ban required justification. The rights protected under Article 2 were those of the parent not of a teacher. Lord Nichols: ‘I am in no doubt this interference is, within the meaning of article 9, ‘necessary in a democratic society . . for the protection of the rights and freedoms of others’. The statutory ban pursues a legitimate aim: children are vulnerable, and the aim of the legislation is to protect them and promote their wellbeing. Corporal punishment involves deliberately inflicting physical violence. The legislation is intended to protect children against the distress, pain and other harmful effects this infliction of physical violence may cause.’ Limits on Convention freedoms must fulfil three well-known criteria: (1) they must be prescribed by law; (2) they must pursue a legitimate aim; and (3) they must be necessary in a democratic society.’ The ‘notion of necessity implies that the interference corresponds to a pressing social need and, in particular, that it is proportionate to the legitimate aim pursued.’ ‘it is quite impossible to say that Parliament was not entitled to limit the practice of corporal punishment in all schools in order to protect the rights and freedoms of all children.’
Lord Nicholls said: ‘Religious and other beliefs and convictions are part of the humanity of every individual. They are an integral part of his personality and individuality. In a civilised society individuals respect each other’s beliefs. This enables them to live in harmony. This is one of the hallmarks of a civilised society. Unhappily, all too often this hallmark has been noticeable by its absence.’ and
‘a belief must satisfy some modest, objective minimum requirements. These threshold requirements are implicit in article 9 of the European Convention and comparable guarantees in other human rights instruments. The belief must be consistent with basic standards of human dignity or integrity. Manifestation of a religious belief, for instance, which involved subjecting others to torture or inhuman punishment would not qualify for protection. The belief must relate to matters more than merely trivial. It must possess an adequate degree of seriousness and importance. As has been said, it must be a belief on a fundamental problem. With religious belief this prerequisite is readily satisfied. The belief must also be coherent in the sense of being intelligible and capable of being understood. But, again, too much should not be demanded in this regard. Typically, religion involves belief in the supernatural. It is not always susceptible to lucid exposition or, still less, rational justification. The language used is often the language of allegory, symbol and metaphor. Depending on the subject matter, individuals cannot always be expected to express themselves with cogency or precision. Nor are an individual’s beliefs fixed and static. The beliefs of every individual are prone to change over his lifetime. Overall, these threshold requirements should not be set at a level which would deprive minority beliefs of the protection they are intended to have under the Convention . . in deciding whether… conduct constitutes manifesting a belief in practice for the purposes of article 9 one must first identify the nature and scope of the belief. If… the belief takes the form of a perceived obligation to act in a specific way, then, in principle, doing that act pursuant to that belief is itself a manifestation of that belief in practice. In such cases the act is ‘intimately linked’ to the belief, in the Strasbourg phraseology.’

Lord Bingham of Cornhill, Lord Nicholls of Birkenhead, Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Brown of Eaton-under-Heywood
[2005] UKHL 15, Times 25-Feb-2005, [2005] 2 WLR 590, [2005] 2 AC 246, [2005] 2 All ER 1, [2005] ELR 291, [2005] 2 FLR 374, [2005] 1 FCR 498
House of Lords, Bailii
Education Act 1993 293, Children Act 2004 58, Day Care and Child Minding (National Standards) (England) Regulations 2003 SI 2003/1996 5, Education Act 1996 548, European Convention on Human Rights 9, Human Rights Act 1998 13(1)
England and Wales
Citing:
CitedZ And Others v The United Kingdom ECHR 10-May-2001
Four children complained that, for years before they were taken into care by the local authority, its social services department was well aware that they were living in filthy conditions and suffering ‘appalling’ neglect in the home of their . .
CitedCampbell 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 . .
CitedCostello-Roberts v The United Kingdom ECHR 25-Mar-1993
‘Slippering’, a punishment by hitting a child with a slipper, when used as part of school discipline was not a degrading punishment under the convention. Conduct must attain a minimum level of severity to engage the operation of the Convention. . .
CitedRegina (Williamson and Others) v Secretary of State for Education and Employment Admn 15-Nov-2001
A genuine religious belief which supported the use of corporal punishment in schools was not itself either a manifestation of religious belief which required protection under the convention, or a religious and philosophical conviction for the . .
Appeal fromRegina (Williamson and Others) v Secretary of State for Education and Employment CA 12-Dec-2002
The claimants sought a declaration that the restriction on the infliction of corporal punishment in schools infringed their human right of freedom of religion. The schools concerned were Christian schools who believed that moderate corporal . .
CitedArrowsmith v United Kingdom ECHR 12-Oct-1978
(Commission) Article 9 is apt to include a belief such as pacifism, which could be a philosophy. However, Miss Arrowsmith distributed leaflets to soldiers, urging them to decline service in Northern Ireland. This was dictated by her pacifist views. . .
CitedSyndicat Northcrest v Amselem 30-Jun-2004
Canlii (Supreme Court of Canada) Civil rights – Freedom of religion — Definition of freedom of religion — Exercise of religious freedoms — Orthodox Jews setting up succahs in pursuit of their religious beliefs . .
CitedMetropolitan Church Of Bessarabia And Others v Moldova ECHR 13-Dec-2001
‘in principle, the right to freedom of religion as understood in the Convention rules out any appreciation by the state of the legitimacy of religious beliefs or of the manner in which these are expressed’ . .
CitedKalac v Turkey ECHR 1-Jul-1997
In exercising his freedom to manifest his beliefs an individual ‘may need to take his specific situation into account.’ ‘The Commission recalls that the expression ‘in accordance with the law’, within the meaning of Article 9(2), requires first that . .
CitedLeyla Sahin v Turkey ECHR 29-Jun-2004
(Grand Chamber) The applicant had been denied access to written examinations and to a lecture at the University of Istanbul because she was wearing an Islamic headscarf. This was prohibited not only by the rules of the university but also by the . .
CitedX v Italy ECHR 1976
Complaints were made under articles 9, 10 and 11 by persons convicted of reorganising the Fascist Party in Italy. . .
CitedJewish Liturgical Association Cha’are Shalom Ve Tsedek v France ECHR 27-Jun-2000
The applicants, ultra-orthodox jews, challenged the regulation of ritual slaughter in France, which did not satisfy their exacting religious standards.
Held: The applicants’ right to freedom of expression was not limited by the controls on the . .
CitedMartin v Mackonochie Carc 1866
Whether beliefs of the Bishop of Holborn were ‘Romish’. . .
CitedMartin v Mackonochie PC 1882
The Board sat with ecclesastical assessors to examine whether the religious beliefs of the Bishop of Holborn were Romish. . .
CitedBowman v Secular Society Limited HL 1917
The plantiff argued that the the objects of the Secular Society Ltd, which had been registered under the Companies Acts, were unlawful.
Held: The House referred to ‘the last persons to go to the stake in this country pro salute animae’ in 1612 . .
CitedHoffmann v Austria (Case No 15/1992/360/434) ECHR 27-Jul-1993
It was a breach of the Convention when parental rights were refused to Jehovah’s Witnesses with regard to the right to refuse to accept a blood transfusion.
Hudoc Judgment (Merits and just satisfaction) . .
CitedIn re South Place Ethical Society 1980
The court considered the meaning and nature of religious belief, and whether a trust for this purpose could be charitable.
Held: Dillon J referred to Russell LJ as having taken the view that the court could hold that there are purposes ‘so . .
CitedRe O (A minor) (Medical Treatment) FD 12-Apr-1993
The local authority applied for a care order in relation to the child, on the ground that there was an urgent and continuing need for medical treatment which included blood transfusions. The court considered the legal effect of a parent’s belief (as . .
CitedChurch of the New Faith v Commissioner of Pay-Roll Tax (Victoria) 27-Oct-1983
(High Court of Australia) Meaning of religion – scientology church application for tax exemption. The trend is towards a ‘newer, more expansive, reading’ of religion. However ‘Religious conviction is not a solvent of legal obligation.’
High . .
CitedYoung, James and Webster v The United Kingdom ECHR 13-Aug-1981
Employees claimed religious objections to being obliged to members of a Trades Union.
Held: It is the obligation of states which have ratified the Convention to secure to everyone within their jurisdiction the rights and freedoms which it . .
CitedX and Church of Scientology v Sweden ECHR 1979
The church of scientology was a commercial organisation, and a restriction on it advertising was a restriction on its commercial freedom, not on the freedom of religion. . .
CitedRegina (Amicus etc) v Secretary of State for Trade and Industry Admn 26-Apr-2004
The claimants sought a declaration that part of the Regulations were invalid, and an infringement of their human rights. The Regulations sought to exempt church schools from an obligation not to discriminate against homosexual teachers.
Held: . .
CitedHasan and Chaush v Bulgaria ECHR 26-Oct-2000
The Grand Chamber considered executive interference in the appointment of the Chief Mufti of the Bulgarian Muslims: ‘Where the organisation of the religious community is at issue, Article 9 must be interpreted in the light of Article 11 of the . .
CitedKokkinakis v Greece ECHR 25-May-1993
The defendant was convicted for proselytism contrary to Greek law. He claimed a breach of Article 9.
Held: To say that Jehovah’s Witness were proselytising criminally was excessive. Punishment for proselytising was unlawful in the . .
CitedChristian Education South Africa v Minister of Education 18-Aug-2000
(Constitutional Court of South Africa) The court considered a ban on corporal punishment in schools in a religious context: ‘Though there might be special problems attendant on undertaking the limitations analysis in respect of religious practices, . .
CitedEl Al Israeli Airlines Ltd v Danielowitz 1994
(Israel) A free society respects individual differences, and ‘Only the worst dictatorships try to eradicate those differences.’ . .
CitedKjeldsen, Busk, Madsen and Peddersen v Denmark ECHR 7-Dec-1976
The claimants challenged the provision of compulsory sex education in state primary schools.
Held: The parents’ philosophical and religious objections to sex education in state schools was rejected on the ground that they could send their . .
CitedHendricks v Netherlands ECHR 1983
(Commission) In the context of article 8 the rights and freedoms of the child include his interests. ‘The Commission has consistently held that, in assessing the question of whether or not the refusal of the right of access to the non-custodial . .
CitedPretty v The United Kingdom ECHR 29-Apr-2002
Right to Life Did Not include Right to Death
The applicant was paralysed and suffered a degenerative condition. She wanted her husband to be allowed to assist her suicide by accompanying her to Switzerland. English law would not excuse such behaviour. She argued that the right to die is not . .
CitedJohansen v Norway ECHR 7-Aug-1996
The court had to consider a permanent placement of a child with a view to adoption in oposition to the natural parents’ wishes.
Held: Particular weight should be attached to the best interests of the child, which may override those of the . .

Cited by:
CitedCopsey v WWB Devon Clays Ltd CA 25-Jul-2005
The claimant said that his employer had failed to respect his right to express his beliefs by obliging him, though a Christian, to work on Sundays.
Held: The appeal failed. ‘The Commission’s position on Article 9, as I understand it, is that, . .
CitedBoughton, Regina (on the Application Of) v Her Majesty’s Treasury Admn 25-Jul-2005
The applicants sought to control the sums they paid by way of taxation so as not to contribute to non peaceful objects.
Held: Both English law and human rights jurisprudence would prevent the claim, and the application for a review failed. . .
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 . .
CitedTweed v Parades Commission for Northern Ireland HL 13-Dec-2006
(Northern Ireland) The applicant sought judicial review of a decision not to disclose documents held by the respondent to him saying that the refusal was disproportionate and infringed his human rights. The respondents said that the documents were . .
CitedX, Regina (on the Application of) v Y School Admn 21-Feb-2007
The court was asked whether a school was entitled to refuse to allow a Muslim girl to wear the niqab full face veil at school. The reasons were ‘first educational factors resulting from a teacher being unable to see the face of the girl with a . .
CitedSuryananda, Regina (on the Application of) v The Welsh Ministers Admn 16-Jul-2007
The claimants, trustees of a Hindu temple, sought judicial review of a decision that a bullock in their temple should be slaughtered having positively reacted to a test for bovine tuberculosis bacterium. They said that the animal posed no threat . .
CitedWatkins-Singh, Regina (on the Application of) v The Governing Body of Aberdare Girls’ High School and Another Admn 29-Jul-2008
Miss Singh challenged her school’s policy which operated to prevent her wearing while at school a steel bangle, a Kara. She said this was part of her religion as a Sikh.
Held: Earlier comparable applications had been made under human rights . .
CitedCountryside Alliance and others, Regina (on the Application of) v Attorney General and Another HL 28-Nov-2007
The appellants said that the 2004 Act infringed their rights under articles 8 11 and 14 and Art 1 of protocol 1.
Held: Article 8 protected the right to private and family life. Its purpose was to protect individuals from unjustified intrusion . .
CitedGhai v Newcastle City Council Admn 8-May-2009
The claimant argued that the restrictions on open air cremations as required by his Hindu belief was unreasonable and infringed his human rights.
Held: The burning of a body otherwise than at a crematorium was a criminal offence. The claimant . .
CitedMcFarlane v Relate Avon Ltd EAT 30-Nov-2009
EAT RELIGION OR BELIEF DISCRIMINATION
UNFAIR DISMISSAL – Reason for dismissal
Christian counsellor dismissed by Relate for failing to give an unequivocal commitment to counsel same-sex couples.
CitedJohns and Another, Regina (on The Application of) v Derby City Council and Another Admn 28-Feb-2011
The claimants had acted as foster carers for several years, but challenged a potential decision to discontinue that when, as committed Christians, they refused to sign to agree to treat without differentiation any child brought to them who might be . .
CitedHall and Another v Bull and Another Misc 4-Jan-2011
(Bristol County Court) The claimants, homosexual partners in a civil partnership, sought damages after being refused a stay at the bed and breakfast hotel operated by the defendants, who said that this was their home, and that they were committed . .
CitedBashir, Regina (on The Application of) v The Independent Adjudicator Admn 25-May-2011
The prisoner was a muslim and fasting as part of his religious observance. He sought judicial review of a decision that he was in breach of the Rules when unable to provide a urine sample for a drugs test. He would have had to break his fast to . .
CitedBull and Bull v Hall and Preddy CA 10-Feb-2012
The appellants owned a guesthouse. They appealed from being found in breach of the Regulations. They had declined to honour a booking by the respondents of a room upon learning that they were a homosexual couple. The appellants had said that they . .
CitedEweida And Others v The United Kingdom ECHR 15-Jan-2013
Eweida_ukECHR2013
The named claimant had been employed by British Airways. She was a committed Christian and wished to wear a small crucifix on a chain around her neck. This breached the then dress code and she was dismissed. Her appeals had failed. Other claimants . .
CitedDoogan and Another v NHS Greater Glasgow and Clyde Health Board SCS 24-Apr-2013
(Extra Division, Inner House) The reclaimers, Roman Catholic midwives working on a labour ward as co-ordinators, sought to assert a right of conscientious objection under the 1967 Act. The respondents said that only those directly involved in the . .
CitedRegina v D(R) Misc 16-Sep-2013
Crown Court at Blackfriars – the court was asked to what extent a witness wanting, from religious conviction, to hide her face with the niqaab form of Islamic dress should be allowed to do so, whilst giving evidence.
Held: The court considered . .
CitedSG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions SC 18-Mar-2015
The court was asked whether it was lawful for the Secretary of State to make subordinate legislation imposing a cap on the amount of welfare benefits which can be received by claimants in non-working households, equivalent to the net median earnings . .
CitedHarron v Dorset Police EAT 12-Jan-2016
EAT DISABILITY DISCRIMINATION
RELIGION OR BELIEF DISCRIMINATION
The Claimant had a belief (which the Employment Tribunal thought genuine) that public service was improperly wasteful of money. He . .
CitedChief Inspector of Education, Children’s Services and Skills v The Interim Executive Board of Al-Hijrah School CA 13-Oct-2017
Single Sex Schooling failed to prepare for life
The Chief Inspector appealed from a decision that it was discriminatory under the 2010 Act to educate girls and boys in the same school but under a system providing effective complete separation of the sexes.
Held: The action was . .

Lists of cited by and citing cases may be incomplete.

Human Rights, Education, Torts – Other

Leading Case

Updated: 10 November 2021; Ref: scu.222992

Skipper v Calderdale Metropolitan Borough Council and Governors of Crossley Heath School: CA 15 Mar 2006

The claimant sought damages alleging that the defendants had failed her by not identifying and ameliorating her dyslexia whilst she was a student. The judge had found that she might establish negligence but that she had not established any loss. She had not established that she would have followed the professional career she asserted.
Held: ‘as a matter of principle general damages can be awarded for the consequences for a failure to take appropriate steps to ameliorate dyslexia, including frustration, loss of self confidence and loss of self esteem’ and ‘if it can be shown that a claimant’s disability had a real effect on his or her ability to cope with school and work, or has otherwise interfered significantly with his enjoyment of life, that will be a loss of amenity which can properly sound in damages. ‘ The court allowed the appeal since there was an arguable case for damages, but expressed real concern at the relative costs and that proving a loss might remain difficult.

[2006] EWCA Civ 238
Bailii
England and Wales
Citing:
CitedE (A Minor) v Dorset County Council CA 1995
It is generally unwise to give summary judgment in cases where the relevant law is uncertain or in a state of development: ‘This must mean that where the legal viability of a cause of action is unclear (perhaps because the law is in a state of . .

Lists of cited by and citing cases may be incomplete.

Professional Negligence, Education, Damages

Updated: 10 November 2021; Ref: scu.239140

London 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 when concluding that the Governing Body of the School (as the relevant ‘admission authority’, per section 88 of the School Standards and Framework Act 1998 (‘SSFA 1998’)) had failed to ‘have regard’ to the published Guidance (2003) from the Archdiocese of Westminster (as it was required to do under the Department for Education’s School Admissions Code (2012) (‘the Admissions Code’)) when setting its faith-based oversubscription criteria;
ii) The Adjudicator’s conclusion that the Governing Body of the School had operated an admissions system which was socially selective, discriminatory, and unfairly disadvantageous to children from ‘less well-off’ families was flawed, and was reached by a process which was procedurally unfair to the School;
iii) The Adjudicator’s conclusion that the admissions forms published by the Governing Body of the School for 2015 were unclear in failing to identify what was meant by a ‘parent’ was Wednesbury unreasonable, failing to acknowledge (or even refer to) the relevant ‘definition’ section which appears prominently in the notes to support the admissions process;
iv) That it was/would be permissible for the School to request parents’ baptismal certificates as proof of their Catholic faith; such a request does not offend against the Admissions Code;
v) That (subject to there being clear and proper reason for departing from the Diocesan Guidance to which the School was obliged to have regard) it was/would be permissible for the School to include an over-subscription criterion seeking evidence of previous Catholic education in the manner which the School adopted in 2014, and in 2015 (for Year 3 candidates only); the Adjudicator acted unlawfully in concluding that the School had breached the Admissions Code in including this criterion;
vi) That, while I disagree with the School’s interpretation of Regulation 16 of the School Admissions (Admission Arrangements and Co-ordination of Admission Arrangements)(England) Regulations 2012 (‘the 2012 Regulations’) in relation to consultation on its admissions processes, the Adjudicator was wrong to conclude that the School could show no evidence that it had as a matter of fact failed to make any meaningful attempt to bring the School’s proposed arrangements to the attention of the required consultees.’

Cobb J
[2015] EWHC 1012 (Admin)
Bailii
School Standards and Framework Act 1998
England and Wales
Citing:
See AlsoLondon Oratory School v The Schools Adjudicator Admn 12-Aug-2005
Challenge by one school to the admission policy of a second school. . .
CitedDD, Regina (on The Application of) v Independent Appeal Panel of The London Borough of Islington and Another Admn 25-Jul-2013
The claimant sought judicial review of the defendant’s decision by which it dismissed the claimant’s appeal against the decision of the London Borough of Islington to refuse to comply with the claimant’s preference for her son LD to attend T primary . .

Lists of cited by and citing cases may be incomplete.

Education

Updated: 10 November 2021; Ref: scu.545610

DH v Czech Republic: ECHR 13 Nov 2007

(Grand Chamber) The applicants complained that their children had been moved to special schools which did not reflect their needs from ordinary schools without them being consulted.
Held: The Court noted that, at the relevant time, the majority of children in special schools in the Czech Republic were of Roma origin. Roma children of average/above average intellect were often placed in those schools on the basis of psychological tests which were not adapted to people of their ethnic origin. The Court concluded that the law at that time had a disproportionately prejudicial effect on Roma children, in violation of Article 14 and Article 2 of Protocol No. 1. However, new legislation had abolished the special schools and required ordinary schools to provide both for children with special educational needs and socially disadvantaged children.
‘in Chapman . . the court also observed that there could be said to be an emerging international consensus amongst the contracting states of the Council of Europe recognising the special needs of minorities and an obligation to protect their security, identity and lifestyle, not only for the purpose of safeguarding the interests of the minorities themselves but to preserve a cultural diversity of value to the whole community’ and ‘Where it has been shown that legislation produces such a discriminatory effect . . it is not necessary . . to prove any discriminatory intent on the part of the relevant authorities’.
In an appropriate case statistics may be relied on to establish that an applicant is a member of a group which has been treated differently in practice from others in a comparable situation in a way which is disproportionately prejudicial to members of that group, and thereby shift the onus to the public body concerned to provide evidence of an objective and reasonable justification for the difference.

Sir Nicolas Bratza, P
57325/00, [2007] ECHR 922, [2008] ELR 17, 23 BHRC 526, (2008) 47 EHRR 3
Bailii
European Convention on Human Rights
Human Rights
Citing:
Appeal fromDH v Czech Repiublic ECHR 7-Feb-2006
The claimants, 18 Roma children complained, saying that they had automatically been placed in schools for children with special needs by virtue of their racial origin. . .

Cited by:
CitedThe Church of Jesus Christ of Latter-Day Saints v United Kingdom ECHR 4-Mar-2014
latterdayECHR0314
The claimant said that it had been wrongfully deprived of relief from business rates for its two temples. It asserted that it was a religion, and that the treatment was discriminatory. The government said that the refusal was on the basis alone that . .
CitedSG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions SC 18-Mar-2015
The court was asked whether it was lawful for the Secretary of State to make subordinate legislation imposing a cap on the amount of welfare benefits which can be received by claimants in non-working households, equivalent to the net median earnings . .
CitedO’Connor v Bar Standards Board SC 6-Dec-2017
The claimant barrister complained of the manner of conduct of the disciplinary proceedings brought against her. She had been cleared of any breach of the Bar Code of Conduct, but her claim was then ruled out of time under section 7(5)(a), time . .

Lists of cited by and citing cases may be incomplete.

Children, Human Rights, Education

Leading Case

Updated: 10 November 2021; Ref: scu.511022

Regina 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 costs of a child’s education. Any consequences of a failure to keep a promise must remain political, not legal ones. The Court commented that abuse ‘informs all three categories of legitimate expectation case as they have been expounded by this court.’ By the time of the decision, the Secretary of State was bound by the policy statement only, and not by pre-election promises, or a mistaken letter. Though the policy gave rise to some anomalies, it was not irrational. There was no enforceable obligation on the respondent under human rights law to provide financial support for any particular from of education.
Laws LJ said: ‘abuse of power has become, or is fast becoming, the root concept which governs and conditions our general principles of public law’. As to this case: ‘If there has been an abuse of power, I would grant appropriate relief unless an overriding public interest is shown, and none to my mind has been demonstrated. But the real question in the case is whether there has been an abuse of power at all. The government’s policy was misrepresented through incompetence. It is not in truth a change of policy at all.’ He described ‘a sliding scale of review, more or less intrusive according to the nature and gravity of what is at stake.’
and ‘I have no difficulty with the proposition that in cases where Government has made known how it intends to exercise powers which affect the public at large it may be held to its word irrespective of whether the applicant had been relying specifically upon it. The legitimate expectation in such a case is that the Government will behave towards its citizens as it says it will.’
Peter Gibson LJ said: ‘In my judgment it would be wrong to understate the significance of reliance in this area of the law. It is very much the exception, rather than the rule, that detrimental reliance will not be present when the Court finds unfairness in the defeating of a legitimate expectation.’
Sedley LJ said that there were ‘cogent objections to the operation of undisclosed policies affecting individuals’ entitlements or expectations’ and that they had no difficulty in accepting this as (no more than) a statement ‘of good administrative practice’.

Laws LJ, Peter Gibson LJ, Sedley LJ
Times 14-Sep-1999, Gazette 15-Sep-1999, [1999] EWCA Civ 2100, [2000] 1 WLR 1115, [2000] Ed CR 140, [2000] ELR 445
Bailii
European Convention on Human Rights 2
England and Wales
Citing:
CitedRegina v Liverpool Corporation ex parte Liverpool Taxi Fleet Operators Association CA 1972
A number of taxi cab owners challenged a decision of the Council to increase the numbers of hackney cabs operating in the city. At a public meeting with the council prior to the decision, the chairman had given a public undertaking that the numbers . .
CitedAttorney General of Hong Kong v Ng Yuen Shiu PC 21-Feb-1983
An illegal entrant into Hong Kong claimed that he was entitled by a legitimate expectation to a hearing before a deportation order might be made against him, there having been an announcement that persons in the respondent’s position would be . .
CitedBromley London Borough Council v Greater London Council HL 17-Dec-1981
Councillors’ Duties replace Election Promises
Bromley complained of a supplementary precept issued by the respondent to implement a commitment, contained in an election manifesto for the election in May 1979, upon which the majority on the GLC had been elected.
Held: In making choices of . .
CitedIn Re Findlay, in re Hogben HL 1985
A public authority, and the Prison Service in particular, is free, within the limits of rationality, to decide on any policy as to how to exercise its discretions; it is entitled to change its policy from time to time for the future, and a person . .
CitedCouncil of Civil Service Unions v Minister for the Civil Service HL 22-Nov-1984
Exercise of Prerogative Power is Reviewable
The House considered an executive decision made pursuant to powers conferred by a prerogative order. The Minister had ordered employees at GCHQ not to be members of trades unions.
Held: The exercise of a prerogative power of a public nature . .
CitedRegina v Devon County Council Ex Parte Baker, Regina v Durham County Council Ex Parte Broxson CA 22-Feb-1993
A Local Authority considering closing a residential home did not have a duty to notify and consult with each resident who might be affected, but did have a duty to act fairly, and to give sufficiently prominent notice and sufficient time to allow . .
Appeal fromRegina v Department for Education and Employment ex parte Begbie Admn 12-Jul-1999
The claimant had been given an assisted place. The support was withdrawn and she sought to hold the respondent to his promise to continue support after the scheme had ended for those already receiving help. . .
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 . .
CitedX 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 . .
CitedRegina v Director of Public Prosecutions ex parte Kebilene etc Admn 30-Mar-1999
The applicants sought, by means of the Human Rights Act to challenge the way in which the decision had been made that they should be prosecuted under the 1989 Act, arguing that section 6(2) was inconsistent with the new Act.
Held: The Act . .
CitedRegina v Cain 1976
Part of the duty of the Crown Prosecution service in deciding upon a prosecution is to avoid prosecutions which are oppressive as regards a defendant. . .
CitedRegina v Manchester Crown Court and Ashton and Others, ex parte Director of Public Prosecutions HL 7-May-1993
A Crown Court decision to stay an indictment for lack of jurisdiction, was not susceptible to Judicial Review. This was a ‘decision affecting conduct of trial’. The House considered the meaning of the phrase ‘other than its jurisdiction in matters . .
CitedC (A Minor) v Director of Public Prosecutions HL 17-Mar-1995
The House considered whether the long established rule of the criminal law presuming that a child did not have a guilty mind should be set aside.
Held: Doli incapax, the presumption of a child’s lack of mens rea, is still effective and good . .
CitedRegina v Bedwellty Justices Ex Parte Williams HL 18-Sep-1996
A decision by magistrates to commit a case to the Crown Court in the absence of any admissible evidence is a reviewable decision. The committal was quashed.
The ‘Queen’s Bench Division of the High Court has normally in judicial review . .
CitedRegina v North and East Devon Health Authority ex parte Coughlan and Secretary of State for Health Intervenor and Royal College of Nursing Intervenor CA 16-Jul-1999
Consultation to be Early and Real Listening
The claimant was severely disabled as a result of a road traffic accident. She and others were placed in an NHS home for long term disabled people and assured that this would be their home for life. Then the health authority decided that they were . .

Cited by:
CitedRowland v The Environment Agency CA 19-Dec-2003
The claimant owned a house by the river Thames at Hedsor Water. Public rights of navigation existed over the Thames from time immemorial, and its management lay with the respondent. Landowners at Hedsor had sought to assert that that stretch was now . .
CitedRashid, Regina (on the Application Of) v Secretary of State for Home Department Admn 22-Oct-2004
The claimant sought asylum, being an Iraqi Kurd. He was not told by the defendant of its policy not to require internal relocation within the Kurdish autonomous zone. The policy had been applied for the benefit of others, as was revealed only in . .
CitedRashid, Regina (on the Application of) v Secretary of State for the Home Department CA 16-Jun-2005
The Home Secretary appealed against a grant of a judicial review to the respondent who had applied for asylum. The court had found that two other asylum applicants had been granted leave to remain on similar facts and on the appellants, and that it . .
CitedRegina (Nadarajah) v Secretary of State for the Home Department; Abdi v Secretary of State for the Home Department CA 22-Nov-2005
The asylum applicant challenged a certificate given by the respondent that the claim for asylum was manifestly ill-founded. The respondent had made a mistake in applying the appropriate policy, but had sought to correct the error. The claimants . .
CitedLindley, Regina (on the Application of) v Tameside Metropolitan Borough Council Admn 21-Sep-2006
The claimant, aged 69 suffered from cerebral palsy. The council had provided his care but he said they had represented to him that care would be provided in a new facility, and claimed a legitimate expectation. The defendant said that its changed . .
CitedBancoult, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2) HL 22-Oct-2008
The claimants challenged the 2004 Order which prevented their return to their homes on the Chagos Islands. The islanders had been taken off the island to leave it for use as a US airbase. In 2004, the island was no longer needed, and payment had . .
CitedEM (Lebanon) v Secretary of State for the Home Department HL 22-Oct-2008
The claimant challenged the respondent’s decision to order the return of herself and her son to Lebanon.
Held: The test for whether a claimant’s rights would be infringed to such an extent as to prevent their return home was a strict one, but . .
CitedOxfam v Revenue and Customs ChD 27-Nov-2009
The charity appealed against refusal to allow it to reclaim input VAT. It also sought judicial review of the decision of the Tribunal not to allow it to raise an argument of legitimate expectation. The charity had various subsidiaries conducting . .
CitedAzam and Co v Legal Services Commission ChD 5-May-2010
The claimant solicitors had failed to submit their tender for a new contract in time. The respondent refused to accept the late submission. The claimant said that the respondent had not directly notified it of the deadline and so failed to meet its . .
CitedSecretary of State for The Home Department v Pankina CA 23-Jun-2010
Each claimant had graduated from a tertiary college and wished to stay on in the UK. They challenged the points based system for assessing elgibility introduced in 2008 after they had commenced their studies. The new rules tightened the criteria for . .
CitedLumba (WL) v Secretary of State for The Home Department SC 23-Mar-2011
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as . .
CitedBubb v London Borough of Wandsworth CA 9-Nov-2011
The appellant had sought housing assistance. She had been offered accomodation but refused it as unreasonable. The authority declined further assistance. She now appealed against the refusal of the county court judge to set aside the decision . .
CitedWheeler, Regina (on the Application of) v Office of the Prime Minister and Another Admn 2-May-2008
The applicant sought leave to bring judicial review of the prime minister’s decsion not to hold a referendum on the ratification of the treaty of Lisbon.
Held: The claimant had arguable points under the 2000 Act and otherwise, and permission . .
CitedGallaher Group Ltd and Others, Regina (on The Application of) v The Competition and Markets Authority SC 16-May-2018
No Administrative Duty of Equal Treatment
Extent and consequences of duties of ‘equal treatment’ or ‘fairness’, said to have been owed by the Office of Fair Trading to those subject to investigation under the Competition Act 1998. The respondent had entered negotiations with several parties . .

Lists of cited by and citing cases may be incomplete.

Administrative, Education, Human Rights, Judicial Review

Leading Case

Updated: 10 November 2021; Ref: scu.147015

Bhimani (Student: Switching Institution: Requirements): UTIAC 11 Nov 2014

bhimani_sshd1411

UTIAC Where a student chooses to study at another institution holding a different sponsor licence number from that of the institution where he/she was granted leave to remain to study, he/she is required to make a fresh application for leave to remain.

Allen UTJ
[2014] UKUT 516 (IAC)
Bailii
England and Wales

Immigration, Education

Updated: 09 November 2021; Ref: scu.539110

Regina (M) v East Sussex County Council: QBD 28 Apr 2009

m_eastsussexQBD2009

The child had a statement of special educational needs, but after moving to a secondary school, complained that the statement had not been updated.
Held: The statement should have been updated to name and specify the type of school he should attend.

Timothy Brennan, QC J
Times 12-May-2009, [2009] EWHC 1651 (Admin)
Bailii
Education (Special Educational Needs) (England) (Consolidation) Regulations 2001 (SI 2001 No 3455) 19, Education Act 1996 324 2(2A)

Education

Updated: 09 November 2021; Ref: scu.342998

Horvath And Vadaszi v Hungary: ECHR 9 Nov 2010

(Admissibility) Two children found to have minor intellectual disabilities, and both of Roma origin, were placed in a remedial school class with a teacher without a degree in special educational needs. They complained that the decision to place them in a special class was based on their ethnic origin and therefore discriminatory. They brought unsuccessful legal proceedings.
The Court declared the case inadmissible because: the applicants had not brought a civil claim under section 77 of the Public Education Act; they had not met the requirement to come to the European Court of Human Rights within six months of the final decision by the Hungarian legal authorities concerning one set of proceedings and they had not raised the issue of discrimination in the other.

F Tulkens P
2351/06, [2010] ECHR 1926
Bailii
European Convention on Human Rights
Human Rights

Human Rights, Education, Children, Discrimination

Leading Case

Updated: 09 November 2021; Ref: scu.426829

X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc: HL 29 Jun 1995

Liability in Damages on Statute Breach to be Clear

Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise to any private law cause of action. However a private law cause of action will arise if it can be shown, as a matter of construction of the statute, that the statutory duty was imposed for the protection of a limited class of the public and that Parliament intended to confer on members of that class a private right of action for breach of statutory duty. If the statute provides no other remedy for its breach and the Parliamentary intention to protect a limited class is shown, that indicates that there may be a private right of action since otherwise there is no method of securing the protection the statute was intended to confer. If the statute does provide some other means of enforcing the duty that will normally indicate that the statutory right was intended to be enforceable by those means and not by private right of action. However, the mere existence of some other statutory remedy is not necessarily decisive. If it comes to the attention of a headmaster that a pupil is under-performing, he does owe a duty to take such steps, as a reasonable teacher would consider appropriate to try to deal with such under-performance. The House referred to ‘the rule of public policy which has first claim on the loyalty of the law; that wrongs should be remedied’

Lord Browne-Wilkinson, Sir Thomas Bingham MR
Independent 30-Jun-1995, Times 30-Jun-1995, [1995] 2 AC 633, [1995] UKHL 9, [1995] 2 FLR 276, [1995] 3 All ER 353, [1995] 3 WLR 152, [1995] 3 FCR 337, (1995) 7 Admin LR 705, 94 LGR 313, [1995] Fam Law 537, [1995] 3 FCR 337
Bailii
England and Wales
Citing:
Appeal fromM and Another v Newham London Borough Council and Others; X (Minors) v Bedfordshire County Council CA 24-Feb-1994
A local authority was not liable in damages for breach of a statutory duty in Social Services. The policy which has first claim on the loyalty of the law is that wrongs should be remedied. The court would not go so far as to hold that the education . .

Cited by:
CitedA v The London Borough of Lambeth Admn 25-May-2001
The applicant was mother of three children, two of whom were autistic. She sought re-housing from the defendant. It was claimed that s17 imposed a specific duty on the authority, having identified a child’s needs, in this case for re-housing, to . .
CitedO’Rourke v Mayor etc of the London Borough of Camden HL 12-Jun-1997
The claimant had been released from prison and sought to be housed as a homeless person. He said that his imprisonment brought him within the category of having special need. He also claimed damages for the breach.
Held: The Act was intended . .
CitedLord Ashcroft v Attorney General and Department for International Development QBD 31-May-2002
The claimant was the subject of confidential reports prepared by the defendants which were leaked to newspapers causing him damage. He sought leave to amend his claim to add claims for breach of the Data Protection Act and for public misfeasance. . .
CitedZiemniak v ETPM Deep Sea Ltd CA 7-May-2003
A seaman was injured taking part in a safety drill aboard ship. The defendant had been found not to be negligent, but the claimant alleged breach of statutory duty under the Regulations.
Held: Groves v Wimborne clearly established that . .
AppliedLiennard 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. . .
ApprovedPhelps v Hillingdon London Borough Council; Anderton v Clwyd County Council; Gower v Bromley London Borough Council; Jarvis v Hampshire County Council HL 28-Jul-2000
The plaintiffs each complained of negligent decisions in his or her education made by the defendant local authorities. In three of them the Court of Appeal had struck out the plaintiff’s claim and in only one had it been allowed to proceed.
CitedCullen v Chief Constable of the Royal Ulster Constabulary (Northern Ireland) HL 10-Jul-2003
The claimant had been arrested. He had been refused access to a solicitor whilst detaiined, but, in breach of statutory duty, he had not been given reasons as to why access was denied. He sought damages for that failure.
Held: If damages were . .
CitedDarker v Chief Constable of The West Midlands Police HL 1-Aug-2000
The plaintiffs had been indicted on counts alleging conspiracy to import drugs and conspiracy to forge traveller’s cheques. During the criminal trial it emerged that there had been such inadequate disclosure by the police that the proceedings were . .
CitedJD, MAK and RK, RK and Another v East Berkshire Community Health, Dewsbury Health Care NHS Trust and Kirklees Metropolitan Council, Oldham NHS Trust and Dr Blumenthal CA 31-Jul-2003
Damages were sought by parents for psychological harm against health authorities for the wrongful diagnosis of differing forms of child abuse. They appealed dismissal of their awards on the grounds that it was not ‘fair just and reasonable’ to . .
CitedBarrett v London Borough of Enfield CA 25-Mar-1997
A Local Authority is only vicariously liable for the negligence of a social worker to a child in care. . .
CitedChagos Islanders v The Attorney General, Her Majesty’s British Indian Ocean Territory Commissioner QBD 9-Oct-2003
The Chagos Islands had been a British dependent territory since 1814. The British government repatriated the islanders in the 1960s, and the Ilois now sought damages for their wrongful displacement, misfeasance, deceit, negligence and to establish a . .
CitedCommissioners of Customs and Excise v Barclays Bank Plc ComC 3-Feb-2004
The claimant had obtained orders against two companies who banked with the respondent. Asset freezing orders were served on the bank, but within a short time the customer used the bank’s Faxpay national service to transfer substantial sums outside . .
CitedA and Another v Essex County Council CA 17-Dec-2003
The claimant sought damages. The respondent had acted as an adoption agency but had failed to disclose all relevant information about the child.
Held: Any such duty extended only during the period where the child was with the prospective . .
CitedBinod Sutradhar v Natural Environment Research Council CA 20-Feb-2004
The defendant council had carried out research into a water supply in India in the 1980s. The claimant drank the water, and claimed damages for having consumed arsenic in it.
Held: There is a close link between the tests in law for proximity . .
CitedThree Rivers District Council and Others v Governor and Company of The Bank of England HL 18-May-2000
The applicants alleged misfeasance against the Bank of England in respect of the regulation of a bank.
Held: The Bank could not be sued in negligence, but the tort of misfeasance required clear evidence of misdeeds. The action was now properly . .
CitedAB and others v Leeds Teaching Hospital NHS Trust, Cardiff and Vale NHS Trust QBD 26-Mar-2004
Representative claims were made against the respondents, hospitals, pathologists etc with regard to the removal of organs from deceased children without the informed consent of the parents. They claimed under the tort of wrongful interference.
CitedGorringe v Calderdale Metropolitan Borough Council HL 1-Apr-2004
Statutory Duty Not Extended by Common Law
The claimant sought damages after a road accident. The driver came over the crest of a hill and hit a bus. The road was not marked with any warning as to the need to slow down.
Held: The claim failed. The duty could not be extended to include . .
CitedA v Ministry of Defence and another QBD 16-Apr-2003
The claimant’s father a member of the armed forces had been posted to Germany, and his wife, A’s mother had gone with him. A had been born in Germany, but suffered injury at birth through the negligence of the doctor’s appointed by the defendant . .
CitedQuark Fishing Ltd, Regina (on the Application Of) v Secretary of State for Foreign and Commonwealth Affairs Admn 22-Jul-2003
The respondent had failed to renew the claimant’s license to fish in the South Atlantic for Patagonian Toothfish. The refusal had been found to be unlawful. The claimant now sought damages.
Held: English law does not generally provide a remedy . .
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 . .
CitedAdams v Bracknell Forest Borough Council HL 17-Jun-2004
A attended the defendant’s schools between 1977 and 1988. He had always experienced difficulties with reading and writing and as an adult found those difficulties to be an impediment in his employment. He believed them to be the cause of the . .
CitedPhelps v Hillingdon London Borough Council QBD 10-Oct-1997
An educational psychologist has a professional duty of care to a child when asked to assess for that child for dyslexia, even though the report may be for the local authority. . .
DistinguishedPhelps v Mayor and Burgesses London Borough of Hillingdon CA 4-Nov-1998
The plaintiff claimed damages for the negligent failure of an educational psychologist employed by a local authority to identify that the plaintiff was dyslexic.
Held: An educational psychologist has no duty of care to a child, as opposed to . .
CitedTaylor and Others v Director of The Serious Fraud Office and Others HL 29-Oct-1998
The defendant had requested the Isle of Man authorities to investigate the part if any taken by the plaintiff in a major fraud. No charges were brought against the plaintiff, but the documents showing suspicion came to be disclosed in the later . .
CitedBarrett v London Borough of Enfield HL 17-Jun-1999
The claimant had spent his childhood in foster care, and now claimed damages against a local authority for decisions made and not made during that period. The judge’s decision to strike out the claim had been upheld by the Court of Appeal.
CitedCarty v London Borough of Croydon CA 27-Jan-2005
The claimant sought damages in negligence from education officers employed by the respondent. He appealed refusal of his claim. A statement of special education needs had been made which he said did not address his learning difficulties. The . .
CitedJD v East Berkshire Community Health NHS Trust and others HL 21-Apr-2005
Parents of children had falsely and negligently been accused of abusing their children. The children sought damages for negligence against the doctors or social workers who had made the statements supporting the actions taken. The House was asked if . .
CitedDS RL v Gloucestershire County Council and London Borough of Tower Hamlets and London Borough of Havering CA 14-Mar-2000
The court considered and restated the criteria for liability set out in X (Minors). . .
CitedRegina v Lam and Others (T/a ‘Namesakes of Torbay’) and Borough of Torbay CA 30-Jul-1997
The claimant sought damages after the planning authority allowed the first defendant to conduct a manufacturing business in the course of which spraying activities took place which caused them personal injuries and loss of business.
Held: The . .
CitedMeadow v General Medical Council Admn 17-Feb-2006
The appellant challenged being struck off the medical register. He had given expert evidence in a criminal case which was found misleading and to have contributed to a wrongful conviction for murder.
Held: The evidence though mistaken was . .
CitedHM Customs and Excise v Barclays Bank Plc HL 21-Jun-2006
The claimant had served an asset freezing order on the bank in respect of one of its customers. The bank paid out on a cheque inadvertently as to the order. The Commissioners claimed against the bank in negligence. The bank denied any duty of care. . .
CitedHolland v Lampen-Wolfe HL 20-Jul-2000
The US established a base at Menwith Hill in Yorkshire, and provided educational services through its staff to staff families. The claimant a teacher employed at the base alleged that a report on her was defamatory. The defendant relied on state . .
CitedGeneral Medical Council v Professor Sir Roy Meadow, Attorney General CA 26-Oct-2006
The GMC appealed against the dismissal of its proceedings for professional misconduct against the respondent doctor, whose expert evidence to a criminal court was the subject of complaint. The doctor said that the evidence given by him was . .
CitedNeil Martin Ltd v Revenue and Customs Commissioners 28-Sep-2006
The claimant sought damages from the revenue for their failure properly to process his claim for a sub-contractor’s certificate which had led to losses.
Held: The revenue owed no common law duty of care to the claimant and nor were damages . .
CitedSomerville v Scottish Ministers HL 24-Oct-2007
The claimants complained of their segregation while in prison. Several preliminary questions were to be decided: whether damages might be payable for breach of a Convention Right; wheher the act of a prison governor was the act of the executive; . .
CitedJain and Another v Trent Strategic Health Authority CA 22-Nov-2007
The claimant argued that the defendant owed him a duty of care as proprietor of a registered nursing home in cancelling the registration of the home under the 1984 Act. The authority appealed a finding that it owed such a duty.
Held: The . .
Appeal fromZ And Others v The United Kingdom ECHR 10-May-2001
Four children complained that, for years before they were taken into care by the local authority, its social services department was well aware that they were living in filthy conditions and suffering ‘appalling’ neglect in the home of their . .
CitedPierce v Doncaster Metropolitan Borough Council QBD 13-Dec-2007
The claimant sought damages, saying that the local authority had failed to protect him when he was a child against abuse by his parents.
Held: The claimant had been known to the authority since he was a young child, and they owed him a duty of . .
CitedHilda Amoo-Gottfried v Legal Aid Board (No 1 Regional Committee) CA 1-Dec-2000
The claimant appealed an order dismissing her claim for misfeasance in public office by the defendant, for the way in which they had mishandled her membership of duty solicitor rota schemes.
Held: The court discussed the requirements for . .
CitedK v Central and North West London Mental Health NHS Trust and Another QBD 30-May-2008
k_centralQBD2008
The claimant appealed against an order striking out his claim in negligence. He had leaped from a window in a suicide attempt. The accommodation was provided by the defendant whilst caring for him under the 1983 Act.
Held: The case should be . .
CitedWelton, Welton v North Cornwall District Council CA 17-Jul-1996
The defendant authority appealed a finding that it was liable in negligence from the conduct of one of its environmental health officers. The plaintiff had set out to refurbish and open a restaurant. He said the officer gave him a list of things he . .
CitedPurdy, Regina (on the Application of) v Director of Public Prosecutions and Another QBD 29-Oct-2008
The applicant suffered mutiple sclerosis and considered that she might wish to go abroad to end her life. She asked the court to make more clear the guidance provided by the Director as to whether her partner might be prosecuted under section 2(1) . .
CitedPurdy, Regina (on the Application of) v Director of Public Prosecutions and Another Admn 29-Oct-2008
The applicant said that the defendant had unlawfully failed to provide detailed guidance under section 10 of the 1985 Act, on the circumstances under which a prosecution might lie of a person performing acts which might assist another to commit . .
CitedTrent Strategic Health Authority v Jain and Another HL 21-Jan-2009
The claimants’ nursing home business had been effectively destroyed by the actions of the Authority which had applied to revoke their licence without them being given notice and opportunity to reply. They succeeded on appeal, but the business was by . .
CitedPurdy, Regina (on the Application of) v Director of Public Prosecutions and others CA 19-Feb-2009
The claimant suffered a debilitating terminal disease. She anticipated going to commit suicide at a clinic in Switzerland, and wanted first a clear policy so that her husband who might accompany her would know whether he might be prosecuted under . .
CitedMitchell and Another v Glasgow City Council HL 18-Feb-2009
(Scotland) The pursuers were the widow and daughter of a tenant of the respondent who had been violently killed by his neighbour. They said that the respondent, knowing of the neighbour’s violent behaviours had a duty of care to the deceased and . .
CitedFarraj and Another v King’s Healthcare NHS Trust (KCH) and Another CA 13-Nov-2009
The claimant parents each carried a gene making any child they bore liable to suffer a serious condition. On a pregnancy the mother’s blood was sent for testing to the defendants who sent it on to the second defendants. The condition was missed, . .
CitedConnor v Surrey County Council CA 18-Mar-2010
The claimant teacher said that she suffered personal injury from stress after the board of governors improperly failed to protect her from from false complaints. The Council now appealed against an award of substantial damages.
Held: The . .
CitedPoulton v Ministry of Justice CA 22-Apr-2010
The claimant was trustee in bankruptcy but the court failed to register the bankruptcy petition at the Land Registry as a pending action. The bankrupt was therefore able to sell her land, and the trustee did not recover the proceeds. The trustee . .
CitedA E Beckett and Sons (Lyndons) Ltd and Others v Midlands Electricity Plc QBD 2000
The claimants alleged that they had suffered loss as a result of the defendants’ breach of regulation 25(1) of the 1988 Regulations. . .
CitedMorrison Sports Ltd and Others v Scottish Power SC 28-Jul-2010
A fire caused substantial damage to buildings. It arose from a ‘shim’ placed in a fuse box which then overheated. The parties disputed whose employee had inserted the shim. The Act under which the Regulations had been made was repealed and replaced . .
CitedTodd v Adams and Chope (Trading as Trelawney Fishing Co) (The ‘Margaretha Maria’) CA 2002
Where the correctness of a finding of primary fact or of inference is in issue (on appeal), it cannot be a matter of simple discretion how an appellate court approaches the matter. Once the appellant has shown a real prospect (justifying permission . .
CitedJones v Kaney SC 30-Mar-2011
An expert witness admitted signing a joint report but without agreeing to it. The claimant who had lost his case now pursued her in negligence. The claimant appealed against a finding that the expert witness was immune from action.
Held: The . .
CitedSamuels v Coole and Haddock (a Firm) CA 22-May-1997
The defendant solicitors had acted for defendants in an action brought by the plaintiff. They swore and filed an affidavit in support of an application to strike out elements of the action. The affidavit spoke as to abusive and threatening calls and . .
CitedOlutu v Home Office CA 29-Nov-1996
The claimant said that she had been detained in excess of the period allowed under the 1987 Regulations, and that that detention was unlawful. She now appealed against the striking out of her claim.
Held: Her action failed. The availablility . .
CitedCampbell v Gordon SC 6-Jul-2016
The employee was injured at work, but in a way excluded from the employers insurance cover. He now sought to make the sole company director liable, hoping in term to take action against the director’s insurance brokers for negligence, the director . .

Lists of cited by and citing cases may be incomplete.

Local Government, Negligence, Education

Leading Case

Updated: 09 November 2021; Ref: scu.84521

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 comply with a Convention obligation, a State may include within the system elements that are not strictly required by the Convention itself, as in the case of appeal rights in the context of Article 6; and where that is done, the distribution of these supererogatory rights must comply with Article 14: ‘the Contracting Parties do not recognise such a right to education as would require them to establish at their own expense, or to subsidise, education of any particular type or at any particular level. However, it cannot be concluded from this that the State has no positive obligation to ensure respect for such a right as is protected by Article 2. . [The obligation is] of guaranteeing . . the right, in principle, to avail themselves of the means of instruction existing at a given time . . The first sentence of Article 2 . . consequently guarantees, in the first place, a right of access to educational institutions existing at a given time . . For the ‘right to education’ to be effective, it is further necessary that, inter alia , the individual who is the beneficiary should have the possibility of drawing profit from the education received, that is to say, the right to obtain, in conformity with the rules in force in each State…official recognition of the studies which he has completed . . The right . . guaranteed by the first sentence of Article 2 . . by its very virtue calls for regulation by the State, regulation which may vary in time and place according to the needs and resources of the community and the individuals.’

1474/62, 1677/62, 1691/62, 1769/63, 1994/63, 2126/64, (1968) 1 EHRR 252, [1968] ECHR 3, [1967] ECHR 1
Worldlii, Worldlii
European Convention on Human Rights 14
Human Rights
Cited by:
CitedRegina on the Application of Clift v Secretary of State for the Home Department Admn 13-Jun-2003
The claimant had been sentenced to 18 years imprisonment. He challenged the differing treatment for parole purposes of those sentenced to more than 15 years, as infringing his human rights, insofar as the decision was retained by the Home Secretary. . .
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 . .
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 . .
CitedMalekshad v Howard De Walden Estates Limited CA 23-May-2001
The applicant sought the leasehold enfranchisement of two leasehold properties. They were contained in separate leases, but the property had been treated as one for some time. A part of one property extended under part of the other. The claim was . .
CitedBishop of Roman Catholic Diocese of Port Louis and Others v Suttyhudeo Tengur and Others PC 3-Feb-2004
PC (Mauritius) A father challenged the constitutionality of a system where 50% of places in Catholic run secondary schools were allocated to Catholic childen, and fifty per cent according to merit. He feared this . .
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 . .
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 . .
CitedBegum, 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 . .
CitedMorris, Regina (on the Application of) v Westminster City Council and Another Admn 7-Oct-2004
The applicant questioned the compatibility of s185 of the 1996 Act with Human Rights law. The family sought emergency housing. The child of the family, found to be in priority housing need, was subject also to immigration control. Though the matter . .
CitedA v Secretary of State for the Home Department, and X v Secretary of State for the Home Department HL 16-Dec-2004
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they . .
CitedHooper and Others, Regina (on the Application of) v Secretary of State for Work and Pensions HL 5-May-2005
Widowers claimed that, in denying them benefits which would have been payable to widows, the Secretary of State had acted incompatibly with their rights under article 14 read with article 1 of Protocol 1 and article 8 of the ECHR.
Held: The . .
CitedCarson, Regina (on the Application of) v Secretary of State for Work and Pensions; Reynolds v Same HL 26-May-2005
One claimant said that as a foreign resident pensioner, she had been excluded from the annual uprating of state retirement pension, and that this was an infringement of her human rights. Another complained at the lower levels of job-seeker’s . .
CitedKjeldsen, Busk, Madsen and Peddersen v Denmark ECHR 7-Dec-1976
The claimants challenged the provision of compulsory sex education in state primary schools.
Held: The parents’ philosophical and religious objections to sex education in state schools was rejected on the ground that they could send their . .
CitedCampbell 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 . .
CitedTimishev 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 . .
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 . .
CitedSecretary of State for Work and Pensions v M HL 8-Mar-2006
The respondent’s child lived with the estranged father for most of each week. She was obliged to contribute child support. She now lived with a woman, and complained that because her relationship was homosexual, she had been asked to pay more than . .
CitedAL (Serbia) v Secretary of State for the Home Department; Rudi v Same HL 25-Jun-2008
Each claimant had arrived here with their parents, and stayed for several years. They were excluded from the scheme allowing families who had been here more than three years to stay here, because they had attained 18 and were no longer dependant on . .
CitedCountryside Alliance and others, Regina (on the Application of) v Attorney General and Another HL 28-Nov-2007
The appellants said that the 2004 Act infringed their rights under articles 8 11 and 14 and Art 1 of protocol 1.
Held: Article 8 protected the right to private and family life. Its purpose was to protect individuals from unjustified intrusion . .
CitedMcDougal, Regina (On the Application of) v Liverpool City Council Admn 22-Jul-2009
Right Questions asked on School Closure
The claimant sought to challenge the respondent’s decision to close a local school. The choice had been made on academic results and the number of vacancies.
Held: The application failed. The Council had complied with its obligation in . .
CitedA 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 . .
CitedNicholas v Secretary of State for Defence CA 4-Feb-2015
The claimant wife of a Squadron Leader occupied a military house with her husband under a licence from the defendant. When the marriage broke down, he defendant gave her notice to leave. She now complained that the arrangement was discriminatory and . .
CitedTigere, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills SC 29-Jul-2015
After increasing university fees, the student loan system was part funded by the government. They introduced limits to the availability of such loans, and a student must have been lawfully ordinarily resident in the UK for three years before the day . .

Lists of cited by and citing cases may be incomplete.

Human Rights, Education, Children

Leading Case

Updated: 09 November 2021; Ref: scu.164857

Isle 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’ did not refer only to the the times of attendance.
Held: The Council’s appeal succeeded. Against the background history of the legislation, the court considered three possible meanings of ‘regualrly’, rejecting against that background meanings other than ‘In accordance with the rules’: ‘in section 444(1) of the Education Act 1996, ‘regularly’ means ‘in accordance with the rules prescribed by the school”.

Lord Neuberger, President, Lady Hale, Deputy President, Lord Mance, Lord Reed, Lord Hughes
UKSC 2016/0155
Bailii, Bailii Summary, SC, SC Summary, SC Video Summary, SC 31 Jan 17 am, SC 31 Jan 17 pm
Education Act 1996 444(1), Elementary Education Act 1870 5, Elementary Education Act 1880 2, Education Act 1944, Education (Penalty Notices) (England) Regulations 2007
England and Wales
Citing:
Appeal fromIsle 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.
CitedLondon County Council v Maher 1929
The list of permissible reasons for non attendance at school listed in the 1870 Act is non-exclusive. . .
CitedEx 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 . .
CitedMarshall v Graham 1907
Parents were prosecuted for failing to send their children to school on Ascension Day. They argued that Ascension Day was a day ‘exclusively set aside for religious observance’ by the Church of England.
Held: A Church which is established is . .
CitedHares v Curtin 1913
. .
CitedBunt v Kent 1914
. .
CitedOsborne 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 . .
CitedBath and North East Somerset District Council v Warman Admn 19-Nov-1998
A fifteen year old girl absented herself from school when she went to live with a boyfriend at an address which was not known to her mother. The justices acquitted the mother for failing to secure her attendance at school on the basis of ‘any . .
CitedR, Regina (on the Application of) v Leeds Magistrates Court and others Admn 28-Jun-2005
A 15-year-old girl did not go to school because she was bullied there and her mother kept her away.
Held: the mother had failed to meet her duties under the Act. . .
CitedHinchley 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 . .
Not followedCrump v Gilmore 1969
Justices had found as facts, on a prosecution for non attendance of their child, that the parents had not known about relevant absences until after the event, and that there had been no neglect on their part. The justices acquitted the parents but . .
CitedLondon Borough of Bromley v C Admn 7-Mar-2006
The authority appealed an acquittal by the magistrates of the mother of three children of failing to secure their regular attendance. . Records showed that out of 114 possible attendances in each case, E had 72 attendances, G had 74 and B had 78. . .

Lists of cited by and citing cases may be incomplete.

Education, Crime

Updated: 09 November 2021; Ref: scu.581425

Orsus And Others v Croatia: ECHR 16 Mar 2010

(Grand Chamber) Fifteen Croatians of Roma origin complained that they were victims of racial discrimination in that they were segregated into Roma-only classes and consequently suffered educational, psychological and emotional damage.
Held: The Court observed that only Roma children had been placed in the special classes in the schools concerned. The Government attributed the separation to the pupils’ lack of proficiency in Croatian; however, the tests determining their placement in such classes did not focus specifically on language skills, the educational programme subsequently followed did not target language problems and the children’s progress was not clearly monitored. The placement of the applicants in Roma-only classes was therefore unjustified, in violation of Article 2 of Protocol No. 1 and Article 14. Whilst Croatia had a margin of appreciation, the State must have sufficient regard to the special needs of Roma children as members of a disadvantaged group. Croatia had violated their rights under Article 14 taken together with A2P1 and that it was not necessary to examine the complaint under A2P1 standing alone.

Jean-Paul Costa, P
[2010] ECHR 337, 15766/03, [2010] ELR 445, 28 BHRC 558, (2011) 52 EHRR 7
Bailii
European Convention on Human Rights
Human Rights
Citing:
See AlsoOrsus And Others v Croatia ECHR 17-Jul-2008
. .

Cited by:
CitedA 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 . .
CitedO’Connor v Bar Standards Board SC 6-Dec-2017
The claimant barrister complained of the manner of conduct of the disciplinary proceedings brought against her. She had been cleared of any breach of the Bar Code of Conduct, but her claim was then ruled out of time under section 7(5)(a), time . .

Lists of cited by and citing cases may be incomplete.

Human Rights, Education, Discrimination

Leading Case

Updated: 09 November 2021; Ref: scu.421521

E, Regina (on The Application of) v Governing Body of JFS and Another: SC 16 Dec 2009

E complained that his exclusion from admission to the school had been racially discriminatory. The school applied an Orthodox Jewish religious test which did not count him as Jewish because of his family history.
Held: The school’s appeal failed. English law may be at fault because it made no allowance for any justification of direct discrimination. Whether the discrimination was unlawful depended upon whether race was the criterion applied as the basis for discrimination. The motive for discriminating according to that criterion was not relevant. The test as used would not necessarily identify as jewish the same people who others might ordinarily identify as such from other criteria, but that did not make the result non-discriminatory on racial grounds. The matrilinear descent test was a test of ethnic origin and racially discriminatory.
Lord Mance said: ‘Finally, I also consider it to be consistent with the underlying policy of section 1(1)(a) of the Race Relations Act 1976 that it should apply in the present circumstances. The policy is that individuals should be treated as individuals, and not assumed to be like other members of a group: R (European Roma Rights Centre) v Immigration Officer at Prague Airport (United Nations High Comr for Refugees intervening) [2005] 2 AC 1, paras 82 and 90, per Baroness Hale of Richmond and R (Gillan) v Comr of Police of the Metropolis [2006] 2 AC 307, paras 44 and 90, per Lord Hope of Craighead and Lord Brown of Eaton-under-Heywood. To treat individual applicants to a school less favourably than others, because of the happenstance of their respective ancestries, is not to treat them as individuals, but as members in a group defined in a manner unrelated to their individual attributes.’

Lord Phillips of Worth Matravers, Lord Hope of Craighead, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Brown of Eaton-under-Heywood, Lord Mance, Lord Kerr of Tonaghmore and Lord Clarke of Stone-cum-Ebony
[2010] ELR 26, [2009] UKSC 15, Times 17-Dec-2009, UKSC 2009/0105, [2010] IRLR 136, [2010] PTSR 147, [2010] 1 All ER 319, [2010] 2 WLR 153, 27 BHRC 656, [2010] 2 AC 728
Bailii, SC, SC Summ, Balii Summary
Race Relations Act 1976 1
England and Wales
Citing:
See alsoE, Regina (On the Application of) v Governing Body of JFS and Another SC 14-Oct-2009
The claimant had successfully challenged the policy of the school as racially discriminatory. He now sought an ancillary order that the respondents should not be allowed to request their costs from the defendant’s appeal whatever the outcome, the . .
See alsoE, Regina (On the Application of) v Governing Body Of JFS and Another CA 10-Jul-2009
. .
See alsoE, Regina (On the Application of) v The Governing Body of JFS and Another CA 25-Jun-2009
E challenged the admissions policy of a school which admitted by preference children acknowledged to be Jewish by the Office of their Rabbi. His mother being Jewish by conversion in a progressive synagogue, E was excluded. The claimant suggested . .
See AlsoE v The Governing Body of JFS and Another Admn 16-Jul-2008
Application for leave to appeal. . .
See alsoE v The Governing Body of JFS and Another Admn 3-Jul-2008
The court considered the impact of secular discrimination policy on admissions policies of religious schools.
Held: A school admissions policy which gave priority to children of their designated faith did not discriminate unlawfully either . .
CitedMandla (Sewa Singh) v Dowell Lee HL 24-Mar-1982
A private school had refused to admit the claimant, a sikh, because he would be unable to wear the school uniform. He claimed racial discrimination. The school denied that being a Sikh was a membership of a racial or ethnic group.
Held: Sikhs . .
CitedOrphanos v Queen Mary College HL 1985
The complainant, a Cypriot, argued that the respondent college’s practice, determined by government policy, of charging higher fees to ‘overseas’ students than to ‘home’ students indirectly discriminated against him on the ground of his race. . .
CitedChief Constable of West Yorkshire Police v Khan HL 11-Oct-2001
The claimant was a police sergeant. After many years he had not been promoted. He began proceedings for race discrimination. Whilst those were in course, he applied for a post elsewhere. That force wrote to his own requesting a reference. In the . .
CitedSwiggs and others v Nagarajan HL 15-Jul-1999
Bias may not be intentional
The applicant claimed that he had been denied appointment to a job with London Regional Transport because he had brought a number of previous race discrimination claims against it or associated companies. An industrial tribunal had upheld his claim . .
CitedMinistry of Defence v Jeremiah CA 1980
The court considered the meaning of ‘detriment’ in discrimination law. Brightman LJ said: ‘I think a detriment exists if a reasonable worker would or might take the view that the duty was in all the circumstances to his detriment.’
Lord Justice . .
CitedSecretary of State for Defence v Elias CA 10-Oct-2006
The claimant said that a scheme drawn by the defendant for compensating British civilians interned by the Japanese during the second world war was indirectly discriminatory on racial grounds by requiring a national origin link with the UK. She had . .
CitedJ P Jenkins v Kingsgate (Clothing Productions) Ltd EAT 19-Jun-1981
The claimant worked part time. She said that she should have been paid at the same rate as her male full time equivalents, the failure being incompatible with her rights under Article 119.
Held: The scope of Article 119 EEC covers not only . .
CitedJames v Eastleigh Borough Council HL 14-Jun-1990
Result Decides Dscrimination not Motive
The Council had allowed free entry to its swimming pools to those of pensionable age (ie women of 60 and men of 65). A 61 year old man successfully complained of sexual discrimination.
Held: The 1975 Act directly discriminated between men and . .
CitedRegina v Secretary of State for Education and Science, Ex parte Keating 1985
. .

Cited by:
CitedPothecary Witham Weld (A Firm) and Another v Bullimore and Another EAT 29-Mar-2010
EAT VICTIMISATION DISCRIMINATION
SEX DISCRIMINATION – Burden of Proof
Ex-employee given unfavourable reference – Claim that terms of reference were partly on account of her having previously brought . .
CitedHM Land Registry v Grant EAT 15-Apr-2010
hmlr_grantEAT10
EAT SEXUAL ORIENTATION DISCRIMINATION/TRANSEXUALISM
HARASSMENT – Conduct
PRACTICE AND PROCEDURE – Appellate Jurisdiction /Reasons /Burns-Barke
An Employment Tribunal accepted that 6 out of 12 . .
CitedJohns and Another, Regina (on The Application of) v Derby City Council and Another Admn 28-Feb-2011
The claimants had acted as foster carers for several years, but challenged a potential decision to discontinue that when, as committed Christians, they refused to sign to agree to treat without differentiation any child brought to them who might be . .
CitedBull and Bull v Hall and Preddy CA 10-Feb-2012
The appellants owned a guesthouse. They appealed from being found in breach of the Regulations. They had declined to honour a booking by the respondents of a room upon learning that they were a homosexual couple. The appellants had said that they . .
CitedBull and Another v Hall and Another SC 27-Nov-2013
The court was asked ‘Is it lawful for a Christian hotel keeper, who sincerely believes that sexual relations outside marriage are sinful, to refuse a double-bedded room to a same sex couple?’ The defendants (Mr and Mrs Bull) appealed against a . .
CitedChief Inspector of Education, Children’s Services and Skills v The Interim Executive Board of Al-Hijrah School CA 13-Oct-2017
Single Sex Schooling failed to prepare for life
The Chief Inspector appealed from a decision that it was discriminatory under the 2010 Act to educate girls and boys in the same school but under a system providing effective complete separation of the sexes.
Held: The action was . .
CitedZ and Another, Regina (on The Application of) v Hackney London Borough Council and Another SC 16-Oct-2020
Housing Orthodox Jewish Only not Discriminatory
Hackney had statutory housing functions as to allocating social housing. It also nominated applicants to properties owned by housing associations, including AIHA, which only accepted for such nominations households belonging to the Orthodox Jewish . .
CitedLee v Ashers Baking Company Ltd and Others SC 10-Oct-2018
The court considered whether a power of appeal to the existed.
Held: A power did exist under FETO, and the CANI having mistakenly excluded a power to appeal the Supreme Court could nevertheless hear it. Both appeals were allowed. . .

Lists of cited by and citing cases may be incomplete.

Discrimination, Education

Updated: 09 November 2021; Ref: scu.384144

Ben-Dor and Others, Regina (on The Application of) v University of Southampton: Admn 27 Apr 2016

The Claimant professors brought two claims for judicial review against their employer institution, Southampton University having organised a conference to be held at the Defendant’s campus, entitled ‘International Law and State of Israel: Legitimacy, Responsibility and Exceptionalism’, but which had been stopped by the defendant.
Held: No final decision having yet been made by the defendant, permission was refused.

Whipple J
[2016] EWHC 953 (Admin)
Bailii
England and Wales

Education

Updated: 02 November 2021; Ref: scu.562897

Phelps v Mayor and Burgesses London Borough of Hillingdon: CA 4 Nov 1998

The plaintiff claimed damages for the negligent failure of an educational psychologist employed by a local authority to identify that the plaintiff was dyslexic.
Held: An educational psychologist has no duty of care to a child, as opposed to her employer, in failing to diagnose dyslexia which was not an injury but a congenital condition: (Evans LJ) ‘dyslexia is not itself an injury and I do not see how failure to ameliorate or mitigate its effects can be an injury.’ No economic loss damages occurred until the psychologist adopted a particular duty to the child.

Stuart-Smith LJ
Times 09-Nov-1998, Gazette 25-Nov-1998, [1998] EWCA Ci84699 1686, [1999] 1 WLR 500, [1998] ELR 38
Bailii
England and Wales
Citing:
Appeal fromPhelps v Hillingdon London Borough Council QBD 10-Oct-1997
An educational psychologist has a professional duty of care to a child when asked to assess for that child for dyslexia, even though the report may be for the local authority. . .
DistinguishedX (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc HL 29-Jun-1995
Liability in Damages on Statute Breach to be Clear
Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise . .
CitedHenderson v Merrett Syndicates Ltd HL 25-Jul-1994
Lloyds Agents Owe Care Duty to Member; no Contract
Managing agents conducted the financial affairs of the Lloyds Names belonging to the syndicates under their charge. It was alleged that they managed these affairs with a lack of due careleading to enormous losses.
Held: The assumption of . .

Cited by:
Appeal fromPhelps v Hillingdon London Borough Council; Anderton v Clwyd County Council; Gower v Bromley London Borough Council; Jarvis v Hampshire County Council HL 28-Jul-2000
The plaintiffs each complained of negligent decisions in his or her education made by the defendant local authorities. In three of them the Court of Appeal had struck out the plaintiff’s claim and in only one had it been allowed to proceed.
CitedAdams v Bracknell Forest Borough Council HL 17-Jun-2004
A attended the defendant’s schools between 1977 and 1988. He had always experienced difficulties with reading and writing and as an adult found those difficulties to be an impediment in his employment. He believed them to be the cause of the . .

Lists of cited by and citing cases may be incomplete.

Professional Negligence, Education, Limitation

Updated: 02 November 2021; Ref: scu.145165

Phelps v Hillingdon London Borough Council; Anderton v Clwyd County Council; Gower v Bromley London Borough Council; Jarvis v Hampshire County Council: HL 28 Jul 2000

The plaintiffs each complained of negligent decisions in his or her education made by the defendant local authorities. In three of them the Court of Appeal had struck out the plaintiff’s claim and in only one had it been allowed to proceed.
Held: The House unanimously dismissed the local authority’s appeal in that last case but allowed the plaintiff’s appeal in the other three. A local authority can be liable in negligence for its failures to provide appropriate special needs educational support to those it had a duty to educate, and was liable even for the independent acts of its professional agents employed by it for this purpose.
The absence of an express statutory provision for damages was not conclusive, professionals must acknowledge that their decisions have consequences and that their duties lie not only toward their employers. Failure to reduce the consequences of conditions such as dyslexia can constitute a personal injury. A head teacher owes a duty of care to exercise the reasonable skills of a headmaster in relation to such a child’s educational needs and a special advisory teacher brought in to advise on the educational needs of a specific pupil, particularly if he knows that his advice will be communicated to the pupil’s parents, ‘owes a duty to the child to exercise the skill and care of a reasonable advisory teacher.’ and ‘the professionalism, dedication and standards of those engaged in the provision of educational services are such that cases of liability for negligence will be exceptional.’ It was clear in principle that a teacher or educational psychologist could in principle owe a duty of care to a child as well as an employing authority. Valid claims in negligence were not to be excluded because claims which were without foundation or exaggerated might be made. There was no reason to exclude the claims on grounds of public policy alone.

Lord Slynn of Hadley Lord Jauncey of Tullichettle Lord Lloyd of Berwick Lord Nicholls of Birkenhead Lord Clyde Lord Hutton Lord Millett
Times 28-Jul-2000, Gazette 31-Aug-2000, [2000] UKHL 47, [2001] 2 AC 619, [2000] 3 WLR 776, [2000] 4 All ER 504, (2000) 150 NLJ 1198
House of Lords, Bailii
Education Act 1996
England and Wales
Citing:
Appeal fromPhelps v Mayor and Burgesses London Borough of Hillingdon CA 4-Nov-1998
The plaintiff claimed damages for the negligent failure of an educational psychologist employed by a local authority to identify that the plaintiff was dyslexic.
Held: An educational psychologist has no duty of care to a child, as opposed to . .
ApprovedX (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc HL 29-Jun-1995
Liability in Damages on Statute Breach to be Clear
Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise . .
Appeal fromJarvis v Hampshire County Council CA 23-Nov-1999
A child who did not receive sufficient education appropriate to his disability (dyslexia), did not acquire a right to claim in damages against the education authority. This applies both to claims of misfeasance in public office and in negligence. . .
CitedBarrett v London Borough of Enfield CA 25-Mar-1997
A Local Authority is only vicariously liable for the negligence of a social worker to a child in care. . .
CitedW v Essex County Council and Another HL 17-Mar-2000
A foster child was placed with a family. The child had a history of abusing other children, but the foster parents, who had other children were not told. The foster child caused psychiatric damage to the carers.
Held: It was wrong to strike . .

Cited by:
CitedBradford-Smart v West Sussex County Council CA 23-Jan-2002
The claimant sought damages from the school for failing to prevent injuries arising from bullying, which was taking place on the way to and from school, but not at school.
Held: A school has no general obligation to prevent such bullying, but . .
CitedA, B v Essex County Council QBD 18-Dec-2002
The applicants sought damages after they had had placed with them for adoption a child who proved to be destructively hyperactive.
Held: The authority might be liable where they failed to disclose to adoptive parents known characteristics of a . .
AppliedLiennard 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. . .
CitedChagos Islanders v The Attorney General, Her Majesty’s British Indian Ocean Territory Commissioner QBD 9-Oct-2003
The Chagos Islands had been a British dependent territory since 1814. The British government repatriated the islanders in the 1960s, and the Ilois now sought damages for their wrongful displacement, misfeasance, deceit, negligence and to establish a . .
CitedA and Another v Essex County Council CA 17-Dec-2003
The claimant sought damages. The respondent had acted as an adoption agency but had failed to disclose all relevant information about the child.
Held: Any such duty extended only during the period where the child was with the prospective . .
CitedGorringe v Calderdale Metropolitan Borough Council HL 1-Apr-2004
Statutory Duty Not Extended by Common Law
The claimant sought damages after a road accident. The driver came over the crest of a hill and hit a bus. The road was not marked with any warning as to the need to slow down.
Held: The claim failed. The duty could not be extended to include . .
Appealed toJarvis v Hampshire County Council CA 23-Nov-1999
A child who did not receive sufficient education appropriate to his disability (dyslexia), did not acquire a right to claim in damages against the education authority. This applies both to claims of misfeasance in public office and in negligence. . .
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 . .
CitedSingh v Entry Clearance Officer New Delhi CA 30-Jul-2004
The applicant, an 8 year old boy, became part of his Indian family who lived in England, through an adoption recognised in Indian Law, but not in English Law. Though the adoption was genuine, his family ties had not been broken in India. The family . .
CitedAdams v Bracknell Forest Borough Council HL 17-Jun-2004
A attended the defendant’s schools between 1977 and 1988. He had always experienced difficulties with reading and writing and as an adult found those difficulties to be an impediment in his employment. He believed them to be the cause of the . .
CitedKearn-Price v Kent County Council CA 30-Oct-2002
The claimant was injured, being hit in the face by a football in a school playground. It was before school started. There had been accidents, and there were rules which had not been enforced. The school appealed a finding of negligence.
Held: . .
CitedJane Marianne Sandhar, John Stuart Murray v Department of Transport, Environment and the Regions CA 5-Nov-2004
The claimant’s husband died when his car skidded on hoar frost. She claimed the respondent was liable under the Act and at common law for failing to keep it safe.
Held: The respondent had not assumed a general responsibility to all road users . .
CitedCustoms and Excise v Barclays Bank Plc CA 22-Nov-2004
The claimant had obtained judgment against customers of the defendant, and then freezing orders for the accounts. The defendants inadvertently or negligently allowed sums to be transferred from the accounts. The claimants sought repayment by the . .
CitedCarty v London Borough of Croydon CA 27-Jan-2005
The claimant sought damages in negligence from education officers employed by the respondent. He appealed refusal of his claim. A statement of special education needs had been made which he said did not address his learning difficulties. The . .
CitedJD v East Berkshire Community Health NHS Trust and others HL 21-Apr-2005
Parents of children had falsely and negligently been accused of abusing their children. The children sought damages for negligence against the doctors or social workers who had made the statements supporting the actions taken. The House was asked if . .
CitedWest Bromwich Albion Football Club Ltd v El-Safty QBD 14-Dec-2005
The claimant sought damages from the defendant surgeon alleging negligent care of a footballer. The defendant argued that he had no duty to the club as employer of his patient who was being treated through his BUPA membership. It would have created . .
CitedHM Customs and Excise v Barclays Bank Plc HL 21-Jun-2006
The claimant had served an asset freezing order on the bank in respect of one of its customers. The bank paid out on a cheque inadvertently as to the order. The Commissioners claimed against the bank in negligence. The bank denied any duty of care. . .
See AlsoRhiannon Anderton v Clwyd County Council (2) QBD 25-Jul-2001
The claim form had been issued only just before the limitation period expired. Under the rules it would have been deemed to have been served on a Sunday, the day before the expiry of the period, but evidence suggested it was not received until after . .
See AlsoAnderton v Clwyd County Council (No 2); Bryant v Pech and Another Dorgan v Home Office; Chambers v Southern Domestic Electrical Services Ltd; Cummins v Shell International Manning Services Ltd CA 3-Jul-2002
In each case, the applicant sought to argue that documents which had actually been received on a certain date should not be deemed to have been served on a different day because of the rule.
Held: The coming into force of the Human Rights Act . .
CitedBowden and Another v Lancashire County Council CA 16-Apr-2002
The claimant had succeeded in her appeal against the cancellation of her registration as a child minder, and now sought damages for negligence in using unnecessarily the emergency procedure leading to damage to the claimant’s reputation and . .
CitedJain and Another v Trent Strategic Health Authority CA 22-Nov-2007
The claimant argued that the defendant owed him a duty of care as proprietor of a registered nursing home in cancelling the registration of the home under the 1984 Act. The authority appealed a finding that it owed such a duty.
Held: The . .
CitedK v Central and North West London Mental Health NHS Trust and Another QBD 30-May-2008
k_centralQBD2008
The claimant appealed against an order striking out his claim in negligence. He had leaped from a window in a suicide attempt. The accommodation was provided by the defendant whilst caring for him under the 1983 Act.
Held: The case should be . .
CitedConnor v Surrey County Council CA 18-Mar-2010
The claimant teacher said that she suffered personal injury from stress after the board of governors improperly failed to protect her from from false complaints. The Council now appealed against an award of substantial damages.
Held: The . .
CitedHome Office v Mohammed and Others CA 29-Mar-2011
The claimants sought damages saying that after a decision had been made that they should receive indefinite leave to remain in 2001 (latest), the leave was not issued until 2007 (earliest) thus causing them severe losses. The defendant now appealed . .
CitedSiddiqui v University of Oxford QBD 5-Dec-2016
The University applied to have struck out the claim by the claimant for damages alleging negligence in its teaching leading to a lower class degree than he said he should have been awarded.
Held: Strike out on the basis that the claim was . .
CitedRobinson v Chief Constable of West Yorkshire Police SC 8-Feb-2018
Limits to Police Exemption from Liability
The claimant, an elderly lady was bowled over and injured when police were chasing a suspect through the streets. As they arrested him they fell over on top of her. She appealed against refusal of her claim in negligence.
Held: Her appeal . .

Lists of cited by and citing cases may be incomplete.

Local Government, Education, Vicarious Liability, Professional Negligence

Leading Case

Updated: 02 November 2021; Ref: scu.84699

Mosekari v The London Borough of Lewisham: Admn 5 Nov 2014

The claimant recently qualified teacher alleged that the school at which he had competed his statutoryinduction period had, by failing to record it properly denied him the status of qualified teacher. The defendant replied that there was no exemption to the requirement in the terms sought.
Held: The Regulations required strict compliance, and that served a particular and necessary purpose. No legitimate expectation had been created and the request for judicial review failed.

McGowan J
[2014] EWHC 3617 (Admin)
Bailii
Education (Induction Arrangements for School Teachers) (England) Regulations 2012
England and Wales
Citing:
AppliedBank Mellat v Her Majesty’s Treasury (No 2) SC 19-Jun-2013
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic . .

Lists of cited by and citing cases may be incomplete.

Education, Administrative

Updated: 02 November 2021; Ref: scu.538312

Leeds Unique Education Ltd (T/A Leeds Professional College) v Secretary of State for The Home Department: Admn 14 May 2010

The college which catered principally for foreign students challenged the removal of its licence to carry out its own assessment of students for the issue of visa letters. The licences has been suspended after the respondent was concerned at the numbers of students who had enrolled but then not attended. They said the college had failed in its capacity as a licensed sponsor, in, amongst other things, failing to notify the respondent on non-enrolments and non-attendances. The claimant argued that the scheme created objectives, not specific duties.
Held: The claimants’ arguments were viable, and leave to bring judicial review was given. The balance of convenience lay in continuing the licences on an interim basis pending a full trial of the actions.

Nicol J
[2010] EWHC 1030 (Admin)
Bailii
England and Wales

Education, Immigration, Administrative

Updated: 02 November 2021; Ref: scu.414964

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 been set in the Lord Grey School case, and the question was ‘whether A was denied effective access to such educational facilities as the State provides for such pupils. A was only denied effective access if he was deprived of the very essence of the right.’ Considerable efforts and money had been provided to attempt to provide interim solutions pending a longer term solution becoming available, and ‘The interim efforts made by Essex were far from perfect and it is arguable that Essex were both in breach of duty under domestic law in various ways and more generally open to criticism for not doing more than they did but, once one takes account of the fact that what was needed were interim measures pending the long term solution, I do not think that A can succeed at a trial.’

Lord Phillips, President, Lady Hale, Lord Brown, Lord Kerr, Lord Clarke
[2010] UKSC 33, [2010] WLR (D) 184, UKSC 2009/0065, [2010] 4 All ER 199, [2010] PTSR 1332, [2010] 3 WLR 509, (2010) 13 CCL Rep 314
Bailii, WLRD, SC, SC Summary, Bailii Summary
Human Rights Act 1998, European Convention on Human Rights A2P1
England and Wales
Citing:
At First InstanceA 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.
Appeal fromA v Essex County Council CA 16-Apr-2008
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 . .
CitedLeyla Sahin v Turkey ECHR 10-Nov-2005
(Grand Chamber) The claimant, a muslim woman complained that she had not been allowed to attend lectures wearing a headscarf.
Held: Any limitations on the right to an education must not curtail it ‘to such an extent as to impair its very . .
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 . .
CitedOrsus And Others v Croatia ECHR 16-Mar-2010
(Grand Chamber) Fifteen Croatians of Roma origin complained that they were victims of racial discrimination in that they were segregated into Roma-only classes and consequently suffered educational, psychological and emotional damage.
Held: . .
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 . .
CitedMursel Eren v Turkey ECHR 7-Feb-2006
The annulment of a student’s examination results, which resulted in his being denied access to university, was held to violate A2P1. . .
CitedCyprus v Turkey ECHR 10-May-2001
Hudoc (Grand Chamber) Missing persons: No violation of Art. 2, Art. 4; Violation of Arts. 2 and 5 with regard to lack of effective investigation; No violation of Art. 5 with regard to alleged detention; Not . .
CitedStott (Procurator Fiscal, Dunfermline) and Another v Brown PC 5-Dec-2000
The system under which the registered keeper of a vehicle was obliged to identify herself as the driver, and such admission was to be used subsequently as evidence against her on a charge of driving with excess alcohol, was not a breach of her right . .
CitedHolub and another v Secretary of State for Home Department CA 20-Dec-2000
The claimants appealed against a refusal of their request for judicial review of the Secretary of State’s decision not to grant them exceptional leave to remain in the United Kingdom. If returned to Poland the daughter of the family would face . .

Lists of cited by and citing cases may be incomplete.

Human Rights, Education

Updated: 01 November 2021; Ref: scu.421094

JR17 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 between suspension, exclusion and expulsion. The court was asked whether what happened was a suspension, on what grounds, did the head have the power so to act, and was there a breach of article 2. The courts below had found the suspension to be precautionary rather than disciplinary.
Held: It was clear that the head had both precautionary and disciplinary reasons for the suspension, however overall the evidence suggested suspension on disciplinary grounds. On such grounds he had power to act to suspend the applicant. Nevertheless the decision was made to suspend the student without giving him either any opportunity to comment or indeed the details of the allegation, and it was clearly insupportable on either basis, and the suspension was unlawful.

Lord Phillips, President, Lord Rodger, Lady Hale, Lord Brown, Sir John Dyson SCJ
[2010] UKSC 27, [2010] NI 105, [2010] UKHRR 984, (2010) 13 CCL Rep 357
Summary, SC, SC Summary, Bailii
European Convention on Human Rights 82
Northern Ireland
Citing:
Appeal fromJR17’s Application No. 1 (Education)- Appeal CANI 26-Feb-2009
. .
CitedRe 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 . .
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 . .
CitedLeyla Sahin v Turkey ECHR 29-Jun-2004
(Grand Chamber) The applicant had been denied access to written examinations and to a lecture at the University of Istanbul because she was wearing an Islamic headscarf. This was prohibited not only by the rules of the university but also by the . .
CitedSahin v Turkey ECHR 6-Dec-2005
ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; No separate issue under Art. 6; Violation of Art. 10; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention . .

Lists of cited by and citing cases may be incomplete.

Education, Human Rights

Leading Case

Updated: 01 November 2021; Ref: scu.417705

E v The Governing Body of JFS and Another: Admn 3 Jul 2008

The court considered the impact of secular discrimination policy on admissions policies of religious schools.
Held: A school admissions policy which gave priority to children of their designated faith did not discriminate unlawfully either directly or indirectly on racial grounds.

Munby J
[2008] EWHC 1535 (Admin), Times 18-Jul-2008, [2008] ACD 87, [2008] ELR 445
Bailii
Race Relations Act 1976
England and Wales
Cited by:
Principle judgementE v The Governing Body of JFS and Another Admn 16-Jul-2008
Application for leave to appeal. . .
Appeal fromE, Regina (On the Application of) v The Governing Body of JFS and Another CA 25-Jun-2009
E challenged the admissions policy of a school which admitted by preference children acknowledged to be Jewish by the Office of their Rabbi. His mother being Jewish by conversion in a progressive synagogue, E was excluded. The claimant suggested . .
At First InstanceE, Regina (On the Application of) v Governing Body Of JFS and Another CA 10-Jul-2009
. .
At First InstanceE, Regina (On the Application of) v Governing Body of JFS and Another SC 14-Oct-2009
The claimant had successfully challenged the policy of the school as racially discriminatory. He now sought an ancillary order that the respondents should not be allowed to request their costs from the defendant’s appeal whatever the outcome, the . .
See alsoE, Regina (on The Application of) v Governing Body of JFS and Another SC 16-Dec-2009
E complained that his exclusion from admission to the school had been racially discriminatory. The school applied an Orthodox Jewish religious test which did not count him as Jewish because of his family history.
Held: The school’s appeal . .

Lists of cited by and citing cases may be incomplete.

Education, Discrimination

Updated: 01 November 2021; Ref: scu.270619

Regina v Universities Funding Council ex parte Institute of Dental Surgery: QBD 30 Jul 1993

When considering whether a disciplinary board should have given reasons, the court may find the absence critical ‘where the decision appears aberrant’. ‘the giving of reasons may among other things concentrate the decision-maker’s mind on the right questions; demonstrate to the recipient that this is so; show that the issues have been conscientiously addressed and how the result has been reached; or alternatively alert the recipient to a justiciable flaw in the process.’
A body not giving reasons for its decision was not acting inherently unfairly, and particularly not where the decision was a collective one. It could be artificial to try to set out reasons made by a body of people.

Sedley J
Independent 28-Sep-1993, [1993] EWHC Admin 5, [1994] 1 WLR 241
Bailii
England and Wales
Citing:
CitedRegina v Civil Service Appeal Board, Ex parte Cunningham CA 1991
The court considered the effect of a disciplinary board failing to give reasons. The absence of any right to appeal may be a factor in deciding that reasons should be given. If it is ‘important that there should be an effective means of detecting . .
CitedRegina v Secretary of State for the Home Department ex parte Doody and Others HL 25-Jun-1993
A mandatory lifer is to be permitted to suggest the period of actual sentence to be served. The Home Secretary must give reasons for refusing a lifer’s release. What fairness requires in any particular case is ‘essentially an intuitive judgment’, . .
CitedLloyd v McMahon CA 1986
Councillors had been surcharged by the district auditor. The Act provided for an appeal to the High Court by anyone ‘aggrieved’ by the decision of an auditor, and further provided that on the hearing of the appeal ‘the court may confirm, vary or . .

Cited by:
CitedRegina (Asha Foundation) v Millenium Commission CA 16-Jan-2003
The applicant had applied for funding to the Millennium Commission. It now appealed a refusal to order the respondent to give full reasons for its decision.
Held: The applicant requested what it called meaningful reasons. The importance of . .
CitedRegina v Ministry of Defence ex parte Colin James Murray QBD 15-Dec-1997
The defendant sought judicial review of his court-martial and of the confirming officers. He said the court should have heard that he committed the offence whist intixicated after taking an anti-malarial drug. The court dd not explain why it had . .
CitedDover District Council v CPRE Kent SC 6-Dec-2017
‘When a local planning authority against the advice of its own professional advisers grants permission for a controversial development, what legal duty, if any, does it have to state the reasons for its decision, and in how much detail? Is such a . .

Lists of cited by and citing cases may be incomplete.

Education, Administrative

Leading Case

Updated: 01 November 2021; Ref: scu.88216

Horvath And Kiss v Hungary: ECHR 3 Jul 2012

horvath_kiss_hungaryECHR2012

Statement of facts – The application concerns two young Romani men, who were misdiagnosed as having mental disabilities. As a result of these misdiagnoses, the applicants could not access mainstream education. Instead, they were educated in a segregated remedial school created for children with mental disabilities. Their education under a lower curriculum limited their future opportunities in secondary education and they only had the opportunity to continue their studies in special vocational secondary school, where they cannot acquire the Baccalaureate necessary for higher education and certain jobs. The first applicant, who is still in school, is unable to follow a course to become a dance teacher and follow the same career path as his father. Instead, he is currently following a special vocational training course to become a baker. The second applicant is precluded from pursuing his ambition to become a car mechanic.

11146/11 (Communicated Case), [2012] ECHR 1206
Bailii
European Convention on Human Rights
Cited by:
See AlsoHorvath And Kiss v Hungary ECHR 29-Jan-2013
ECHR The case concerned the complaints of two young men of Roma origin that their education in schools for the mentally disabled had been the result of misplacement and had amounted to discrimination. Violation . .

Lists of cited by and citing cases may be incomplete.

Human Rights, Education

Leading Case

Updated: 01 November 2021; Ref: scu.462144

Secretary of State for Work and Pensions v Deane: CA 23 Jun 2010

Care Allowance withheld for full time student

The claimant cared for her daughter but then commenced a university degree course. Being in full time education, her entitlement to Invalid Care Allowance was withheld. The Secretary of State appealed against a re-instatement of the benefit.
Held: The SS’s appeal succeeded. In deciding whether the claimant was in full time education it was not correct to refer simply to the hours of attendance. Where a course is described as full-time there might be a presumption that the claimant was in full-time education. The court must allow for exceptions, for example where the student was granted exemptions from part of the course. The tribunal’s task was, having examined what was both offered and expected of the student against the student’s actual attendance at and work for the course, to look at the matter as a whole and seek an answer to ‘is this applicant receiving full-time education?.’

Ward, Hallett, Hughes LJJ
[2010] EWCA Civ 699, [2010] AACR 42, [2011] PTSR 289, [2010] ELR 662
Bailii
Social Security Contributions and Benefits Act 1992, Social Security (Invalid Care Allowance) Regulations 1976 5
England and Wales
Citing:
Appeal from(Un-named) UTAA 9-Mar-2009
The claimant’s appeal to the Upper Tribunal is allowed. The decision of the Liverpool appeal tribunal dated 9 October 2007 involved an error of law, for the reason given below, and I set it aside. The case is remitted to a differently constituted . .
CitedTina Yasmin Flemming v The Secretary of State for Work and Pensions CA 10-May-2002
. .
CitedWright-Turner v Department for Social Development CANI 11-Jan-2002
Appeal from rejection of claim for invalid care allowance . .

Lists of cited by and citing cases may be incomplete.

Benefits, Education

Updated: 01 November 2021; Ref: scu.417714

Dahlab v Switzerland: ECHR 15 Feb 2001

The applicant teacher had converted to Islam, and began wearing a headscarf. The local teaching authority had declared that she could not do so in school. The applicant complained that she had not been allowed to manifest her religion.
Held: Freedom of thought, conscience and religion, as enshrined by Article 9 of the Convention, represents one of the foundations of a ‘democratic society’ within the meaning of the Convention. In its religious dimension, it is one of the most vital elements that go to make up the identity of believers and their conception of life, but it is also a precious asset for atheists, agnostics, sceptics and the unconcerned. The pluralism indissociable from a democratic society, which has been dearly won over the centuries, depends on it. While religious freedom is primarily a matter of individual conscience, it also implies freedom to manifest one’s religion. Bearing witness in words and deeds is bound up with the existence of religious convictions. However: ‘weighing the right of a teacher to manifest her religion against the need to protect pupils by preserving religious harmony, the Court considers that, in the circumstances of the case and having regard, above all, to the tender age of the children for whom the applicant was responsible as a representative of the State, the Geneva authorities did not exceed their margin of appreciation and that the measure they took was therefore not unreasonable.’

42393/98 – Admissibility Decision, [2001] ECHR 899
Bailii
European Convention on Human Rights
Human Rights

Education, Ecclesiastical

Leading Case

Updated: 01 November 2021; Ref: scu.515300

Clarke, Regina (On the Application of) v Cardiff University: Admn 19 Aug 2009

The claimant complained of her treatment by the defendant’s law department in their assessment of her work. She had supported a complaint of race discrimination by another student against one of the people who marked her work. The court had ordered an independent marking, but the school wrote repeatedly to the independent marker, in breach of the order. The pass mark assessed was rejected by the school. The school arranged a further assessment, which came back with a pass mark which they accepted. Two academics who were the source of one complaint had also sat in judgment on it.
Held: It was unfair of them to do so, and to do so again on the appeal. The decisions were set aside.

Wyn Williams J
[2009] EWHC 2148 (Admin)
Bailii
England and Wales
Citing:
CitedIn the Matter of an Application for Judicial Review R v Liverpool John Moores University ex parte Hayes CA 18-May-1998
. .

Lists of cited by and citing cases may be incomplete.

Education, Natural Justice

Updated: 01 November 2021; Ref: scu.372864

Connor v Surrey County Council: CA 18 Mar 2010

The claimant teacher said that she suffered personal injury from stress after the board of governors improperly failed to protect her from from false complaints. The Council now appealed against an award of substantial damages.
Held: The Council’s appeal failed. It should have exercised the statutory discretion available to it, to replace the school’s governing body with an interim executive body. It had allowed the situation to get out of hand, resulting in the damages suffered by the claimant.
‘The deputy judge’s comment ‘[f]ears over accusations of racism appear to have quelled a proper response’, was obviously justified on the evidence. That and other passages reflect the . . theme which runs through the whole depressing history: it is that the claims of Mr Martin and his associates were generally given weight by the council, while the anxieties of the demoralised claimant are generally sidelined . . The council’s capitulation to these sombre pressures was lamentable. The consequence was a serious neglect of their duty to the claimant who was in the firing-line of these assaults, and was also the council’s employee. In my judgment the deputy judge’s findings of fact as to the council’s breach of duty are well justified.’
The court considered the circumstances in which decisions taken by public bodies acting (or declining to act) under statutory powers may give rise to liability for the tort of negligence, though there was in any event a pre-existing and independent duty of care owed to the claimant. That established duty may however be affected by statutory responsibilities, and ‘the law will in an appropriate case require the duty-ower to fulfil his pre-existing private law duty by the exercise of a public law discretion, but only if that may be done consistently with the duty-ower’s full performance of his public law obligations. ‘
The court concluded that ‘the deputy judge was entitled to find the two heads of negligence as he did. But I should sound a note of caution. This is an unusual case, partly because of the council’s lamentable capitulation to aggression, partly because the remedy – damages for negligence consisting in the use or non-use of public law power – must, as I have said, rarely be available.’

Laws LJ, Sedley LJ, Thomas LJ
[2010] EWCA Civ 286, [2011] 1 QB 429, [2010] PTSR 1643, [2010] IRLR 521, [2010] 3 All ER 905, [2010] 3 WLR 130, [2010] ELR 363
Bailii, Times
School Governance (Constitution) (England) Regulations 2003, Education (School Government) (Terms of Reference) (England) Regulations 2000
England and Wales
Citing:
CitedEast Suffolk Rivers Catchment Board v Kent HL 1941
An exceptionally high spring tide caused many breaches of the banks of the River Deben, and extensive flooding, including the respondent’s farm. By section 6 of the 1930 Act, the appellants had a statutory power to maintain the flood defences, but . .
CitedCutler v Wandsworth Stadium Ltd HL 1949
The Act required the occupier of a licensed racetrack to take all steps necessary to secure that, so long as a totalisator was being lawfully operated on the track, there was available for bookmakers space on the track where they could conveniently . .
CitedCaparo Industries Plc v Dickman and others HL 8-Feb-1990
Limitation of Loss from Negligent Mis-statement
The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares.
Held: The . .
CitedHM Customs and Excise v Barclays Bank Plc HL 21-Jun-2006
The claimant had served an asset freezing order on the bank in respect of one of its customers. The bank paid out on a cheque inadvertently as to the order. The Commissioners claimed against the bank in negligence. The bank denied any duty of care. . .
CitedX (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc HL 29-Jun-1995
Liability in Damages on Statute Breach to be Clear
Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise . .
CitedCarty v London Borough of Croydon CA 27-Jan-2005
The claimant sought damages in negligence from education officers employed by the respondent. He appealed refusal of his claim. A statement of special education needs had been made which he said did not address his learning difficulties. The . .
CitedStovin v Wise, Norfolk County Council (Third Party) HL 24-Jul-1996
Statutory Duty Does Not Create Common Law Duty
The mere existence of statutory power to remedy a defect cannot of itself create a duty of care to do so. A highway authority need not have a duty of care to highway users because of its duty to maintain the highway. The two stage test ‘involves . .
CitedWoodbridge School v Chittock CA 27-Jun-2002
A child on a school skiing trip, had been injured whilst skiing on-piste, but unsupervised. The school appealed a finding of liability.
Held: The teachers and supervisors owed the same duty of care as a reasonably careful parent with some . .
CitedPhelps v Hillingdon London Borough Council; Anderton v Clwyd County Council; Gower v Bromley London Borough Council; Jarvis v Hampshire County Council HL 28-Jul-2000
The plaintiffs each complained of negligent decisions in his or her education made by the defendant local authorities. In three of them the Court of Appeal had struck out the plaintiff’s claim and in only one had it been allowed to proceed.
CitedGorringe v Calderdale Metropolitan Borough Council HL 1-Apr-2004
Statutory Duty Not Extended by Common Law
The claimant sought damages after a road accident. The driver came over the crest of a hill and hit a bus. The road was not marked with any warning as to the need to slow down.
Held: The claim failed. The duty could not be extended to include . .
CitedSutherland v Hatton; Barber v Somerset County Council and similar CA 5-Feb-2002
Defendant employers appealed findings of liability for personal injuries consisting of an employee’s psychiatric illness caused by stress at work.
Held: Employers have a duty to take reasonable care for the safety of their employees. There are . .

Lists of cited by and citing cases may be incomplete.

Personal Injury, Negligence, Education

Leading Case

Updated: 01 November 2021; Ref: scu.403353

Begum (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 succeeded. The school had acted responsibly and carefully seeking to balance and respect several interests when making their policy. The policy allowed the wearing of the shalwar kameeze. Lord Bingham of Cornhill said: ‘the purpose of the Human Rights Act 1998 was not to enlarge the rights or remedies of those in the United Kingdom whose Convention rights have been violated but to enable those rights and remedies to be asserted and enforced by the domestic courts of this country and not only by recourse to Strasbourg.’ If the school’s policy did infringe the claimant’s human rights, that interference was proportionate.
Lord Bingham of Cornhill said: ‘the school was in my opinion fully justified in acting as it did. It had taken immense pains to devise a uniform policy which respected Muslim beliefs but did so in an inclusive, unthreatening and uncompetitive way. The rules laid down were as far from being mindless as uniform rules could ever be. The school had enjoyed a period of harmony and success to which the uniform policy was thought to contribute. On further enquiry it still appeared that the rules were acceptable to mainstream Muslim opinion. It was feared that acceding to the respondent’s request would or might have significant adverse repercussions. It would in my opinion be irresponsible of any court, lacking the experience, background and detailed knowledge of the head teacher, staff and governors, to overrule their judgment on a matter as sensitive as this. The power of decision has been given to them for the compelling reason that they are best placed to exercise it.’
Lord Bingham considered the nature of proportionality under Human Rights law: ‘it is clear that the court’s approach to an issue of proportionality under the Convention must go beyond that traditionally adopted to judicial review in a domestic setting . . There is no shift to a merits review, but the intensity of review is greater than was previously appropriate, and greater even than the heightened scrutiny test . . The domestic court must now make a value judgment, an evaluation, by reference to the circumstances prevailing at the relevant time . . Proportionality must be judged objectively, by the court . .’

Lord Bingham of Cornhill, Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Scott of Foscote, Baroness Hale of Richmond
[2006] UKHL 15, Times 23-Mar-2006, [2006] 2 WLR 719, [2007] 1 AC 100, [2006] 2 All ER 487, [2006] HRLR 21, [2006] 1 FCR 613, [2006] UKHRR 708
Bailii
European Convention on Human Rights 9, Human Rights Act 1998
England and Wales
Citing:
At First InstanceBegum, 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 . .
Appeal fromSB, 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 . .
CitedX v Denmark ECHR 1976
Admissibility decision – state interference in appointment of clergyman. A clergyman was held to have accepted the discipline of his church when he took employment, and his right to leave the church guaranteed his freedom of religion. . .
CitedKjeldsen, Busk, Madsen and Peddersen v Denmark ECHR 7-Dec-1976
The claimants challenged the provision of compulsory sex education in state primary schools.
Held: The parents’ philosophical and religious objections to sex education in state schools was rejected on the ground that they could send their . .
CitedSahin v Turkey ECHR 6-Dec-2005
ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; No separate issue under Art. 6; Violation of Art. 10; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention . .
CitedCopsey v WWB Devon Clays Ltd CA 25-Jul-2005
The claimant said that his employer had failed to respect his right to express his beliefs by obliging him, though a Christian, to work on Sundays.
Held: The appeal failed. ‘The Commission’s position on Article 9, as I understand it, is that, . .
CitedAhmad v United Kingdom ECHR 1981
(Commision) The applicant was a devout Muslim. His religious duty was to offer prayers on Fridays and to attend a mosque if possible. He was employed as a full time primary school teacher. He complained that he was forced to resign because he was . .
CitedRegina v Secretary of State for Education and Employment and others ex parte Williamson and others HL 24-Feb-2005
The appellants were teachers in Christian schools who said that the blanket ban on corporal punishment interfered with their religious freedom. They saw moderate physical discipline as an essential part of educating children in a Christian manner. . .
CitedGreenfield, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Feb-2005
The appellant had been charged with and disciplined for a prison offence. He was refused legal assistance at his hearing, and it was accepted that the proceedings involved the determination of a criminal charge within the meaning of article 6 of the . .
CitedKaraduman 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 . .
CitedRegina on the Application of Goldsmith v The London Borough of Wandsworth CA 27-Aug-2004
The claimant, a very elderly lady had lived in a residential home for some time. She fell and was admitted to hospital. The respondent said she could only leave the hospital to go to a nursing home. She and her family sought her return to the . .
CitedRegina v Secretary of State for Defence Ex Parte Smith; Regina v Same Ex Parte Grady Etc CA 6-Nov-1995
A ban on homosexuals serving in the armed forces was not irrational, and the challenge to the ban failed. The greater the policy content of a decision, and the more remote the subject matter of a decision from ordinary judicial experience, the more . .
CitedWilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2) HL 10-Jul-2003
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent of its property . .
CitedKonttinen v Finland ECHR 3-Dec-1996
(Commission) The applicant was a civil servant and a Seventh-day Adventist. He was dismissed for his refusal to continue working after sunset on Fridays. His contract required him to work on Friday evenings after sunset.
Held: The claim was . .
CitedParochial 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 . .
CitedRegina (CD and ADR) v Secretary of State for the Home Department QBD 17-Jan-2003
The applicant challenged the decision to separate her from her child whilst she was in prison.
Held: such a separation engaged her article 8 Human Rights, and she must be allowed representation when a decision was made. The Prison Service . .
CitedAllan Samaroo v Secretary of State for the Home Department CA 18-Sep-2001
A civil court of appeal has power to hear an application for bail in the course of a judicial review of a committal to custody under the Act pending deportation. Though the applicant could have sought habeas corpus, the court could exercise a . .
CitedValsamis v Greece ECHR 18-Dec-1996
Hudoc Judgment (Merits and just satisfaction) No violation of Art. 3; No violation of Art. 9; No violation of P1-2; Violation of Art. 13+P1-2; Violation of Art. 13+9; Non-pecuniary damage – finding of violation . .
CitedKalac v Turkey ECHR 1-Jul-1997
In exercising his freedom to manifest his beliefs an individual ‘may need to take his specific situation into account.’ ‘The Commission recalls that the expression ‘in accordance with the law’, within the meaning of Article 9(2), requires first that . .
CitedSamaroo and Sezek v Secretary of State for the Home Department CA 17-Jul-2001
Two foreign nationals with leave to remain in this country committed serious crimes. The Secretary of State ordered their deportation.
Held: Where the deportation of a foreigner following a conviction here, would conflict with his human . .
CitedRegina (Daly) v Secretary of State for the Home Department HL 23-May-2001
A prison policy requiring prisoners not to be present when their property was searched and their mail was examined was unlawful. The policy had been introduced after failures in search procedures where officers had been intimidated by the presence . .
CitedJewish Liturgical Association Cha’are Shalom Ve Tsedek v France ECHR 27-Jun-2000
The applicants, ultra-orthodox jews, challenged the regulation of ritual slaughter in France, which did not satisfy their exacting religious standards.
Held: The applicants’ right to freedom of expression was not limited by the controls on the . .
CitedChristian Education South Africa v Minister of Education 2001
(South African Constitutional Court) The court emphasised the fundamental importance of the right to express one’s religion in a pluralistic, multi-cultural society.
Sachs J observed: ‘The underlying problem in any open and democratic society . .
CitedChapman v United Kingdom; similar ECHR 18-Jan-2001
The question arose as to the refusal of planning permission and the service of an enforcement notice against Mrs Chapman who wished to place her caravan on a plot of land in the Green Belt. The refusal of planning permission and the enforcement . .
CitedSpiers v Warrington Corporation 1954
Lord Goddard CJ said: ‘The headmistress did not suspend this child at all. She was always perfectly willing to take her in; all that she wanted was that she should be properly dressed. Suspending is refusing to admit to the school; in this case the . .
CitedKontinnen v Finland 1996
(Commission) The applicant, Tuomo Kottinnen worked on the Finnish Railways. After five years he became a Seventh Day Adventist and declared that he could not work after sunset on Fridays. After several incidents when he left with the early setting . .
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 . .
CitedRegina v Director of Public Prosecutions, ex parte Kebilene and others HL 28-Oct-1999
(Orse Kebeline) The DPP’s appeal succeeded. A decision by the DPP to authorise a prosecution could not be judicially reviewed unless dishonesty, bad faith, or some other exceptional circumstance could be shown. A suggestion that the offence for . .
CitedRegina v Secretary of State for the Home Department Ex parte Anderson HL 25-Nov-2002
The appellant had been convicted of double murder. The judge imposed a mandatory life sentence with a minimum recommended term. The Home Secretary had later increased the minimum term under the 1997 Act. The appellant challenged that increase.
Cited by:
CitedLisa Smith, Regina (on the Application of) v South Norfolk Council Admn 10-Nov-2006
The claimant gypsies had bought and moved onto land in Norfolk and stayed there in breach of planning enforcement notices. The inspector upheld the notices, but advised the Council of the difficulties in finding sites and had stayed enforcement for . .
CitedX, Regina (on the Application of) v Y School Admn 21-Feb-2007
The court was asked whether a school was entitled to refuse to allow a Muslim girl to wear the niqab full face veil at school. The reasons were ‘first educational factors resulting from a teacher being unable to see the face of the girl with a . .
CitedL, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another CA 1-Mar-2007
The court considered the proper content of an enhanced criminal record certificate. The claimant said that it should contain only matter relating to actual or potential criminal activity.
Held: As to the meaning of section 115: ‘if Parliament . .
CitedBelfast City Council v Miss Behavin’ Ltd HL 25-Apr-2007
Belfast had failed to license sex shops. The company sought review of the decision not to grant a licence.
Held: The council’s appeal succeeded. The refusal was not a denial of the company’s human rights: ‘If article 10 and article 1 of . .
CitedSuryananda, Regina (on the Application of) v The Welsh Ministers Admn 16-Jul-2007
The claimants, trustees of a Hindu temple, sought judicial review of a decision that a bullock in their temple should be slaughtered having positively reacted to a test for bovine tuberculosis bacterium. They said that the animal posed no threat . .
CitedSomerville v Scottish Ministers HL 24-Oct-2007
The claimants complained of their segregation while in prison. Several preliminary questions were to be decided: whether damages might be payable for breach of a Convention Right; wheher the act of a prison governor was the act of the executive; . .
CitedWatkins-Singh, Regina (on the Application of) v The Governing Body of Aberdare Girls’ High School and Another Admn 29-Jul-2008
Miss Singh challenged her school’s policy which operated to prevent her wearing while at school a steel bangle, a Kara. She said this was part of her religion as a Sikh.
Held: Earlier comparable applications had been made under human rights . .
CitedRe E (A Child); E v Chief Constable of the Royal Ulster Constabulary and Another (Northern Ireland Human Rights Commission and others intervening) HL 12-Nov-2008
(Northern Ireland) Children had been taken to school in the face of vehement protests from Loyalists. The parents complained that the police had failed to protect them properly, since the behaviour was so bad as to amount to inhuman or degrading . .
CitedT-Mobile (Uk) Ltd. and Another v Office of Communications CA 12-Dec-2008
The claimant telecoms companies objected to a proposed scheme for future licensing of available spectrum. The scheme anticipated a bias in favour of auctioniung such content. It was not agreed whether any challenge to the decision should be by way . .
CitedSecretary of State for the Home Department v Nasseri HL 6-May-2009
The applicant had claimed asylum after fleeing Afghanistan to Greece and then to the UK. On the failure of his application, he would be returned to Greece, but objected that he would thence be returned to Afghanistan where his human rights would be . .
CitedLadele v London Borough of Islington CA 15-Dec-2009
The appellant was employed as a registrar. She refused to preside at same sex partnership ceremonies, saying that they conflicted with her Christian beliefs.
Held: The council’s decision had clearly disadvantaged the claimant, and the question . .
CitedMcFarlane v Relate Avon Ltd EAT 30-Nov-2009
EAT RELIGION OR BELIEF DISCRIMINATION
UNFAIR DISMISSAL – Reason for dismissal
Christian counsellor dismissed by Relate for failing to give an unequivocal commitment to counsel same-sex couples.
CitedEweida v British Airways Plc CA 12-Feb-2010
The court was asked whether, by adopting a staff dress code which forbade the wearing of visible neck adornment and so prevented the appellant, a Christian, from wearing with her uniform a small, visible cross, British Airways (BA) indirectly . .
CitedGaunt v OFCOM and Liberty QBD 13-Jul-2010
The claimant, a radio presenter sought judicial review of the respondent’s finding (against the broadcaster) that a radio interview he had conducted breached the Broadcasting Code. He had strongly criticised a proposal to ban smokers from being . .
CitedHall and Others v Mayor of London (on Behalf of The Greater London Authority) CA 16-Jul-2010
The appellants sought leave to appeal against an order for possession of Parliament Square on which the claimants had been conducting a demonstration (‘the Democracy Village’).
Held: Leave was refused save for two appellants whose cases were . .
CitedBashir, Regina (on The Application of) v The Independent Adjudicator Admn 25-May-2011
The prisoner was a muslim and fasting as part of his religious observance. He sought judicial review of a decision that he was in breach of the Rules when unable to provide a urine sample for a drugs test. He would have had to break his fast to . .
CitedQuila and Another, Regina (on The Application of) v Secretary of State for The Home Department SC 12-Oct-2011
Parties challenged the rule allowing the respondent to deny the right to enter or remain here to non EU citizens marrying a person settled and present here where either party was under the age of 21. The aim of the rule was to deter forced . .
CitedNational Secular Society and Another, Regina (on The Application of) v Bideford Town Council Admn 10-Feb-2012
The claimant challenged the placing of a prayer on the agenda of the respondent’s meetings.
Held: The claim succeeded. The placing of such elements on the Agenda was outside the powers given to the Council, and the action was ultra vires: . .
CitedCity of London v Samede and Others QBD 18-Jan-2012
The claimant sought an order for possession of land outside St Paul’s cathedral occupied by the protestor defendants, consisting of ‘a large number of tents, between 150 and 200 at the time of the hearing, many of them used by protestors, either . .
CitedEweida And Others v The United Kingdom ECHR 15-Jan-2013
Eweida_ukECHR2013
The named claimant had been employed by British Airways. She was a committed Christian and wished to wear a small crucifix on a chain around her neck. This breached the then dress code and she was dismissed. Her appeals had failed. Other claimants . .
CitedO’Brien v Ministry of Justice SC 6-Feb-2013
The appellant, a part time recorder challenged his exclusion from pension arrangements.
Held: The appeal was allowed. No objective justification has been shown for departing from the basic principle of remunerating part-timers pro rata . .
CitedBirks, Regina (On the Application of) v Commissioner of Police of the Metropolis Admn 25-Sep-2014
The claimant police officer sought judicial review of a decision to continue his suspension. He had been investigated and cleared after a death in custody. He sought to join the Church of England Ministry and was offered a post. He was re-assured . .
CitedLord Carlile of Berriew QC, and Others, Regina (on The Application of) v Secretary of State for The Home Department SC 12-Nov-2014
The claimant had supported the grant of a visa to a woman in order to speak to members of Parliament who was de facto leader of an Iranian organsation which had in the past supported terrorism and had been proscribed in the UK, but that proscription . .
CitedBrewster, Re Application for Judicial Review (Northern Ireland) SC 8-Feb-2017
Survivor of unmarried partner entitled to pension
The claimant appealed against the rejection of her claim to the survivor’s pension after the death of her longstanding partner, even though they had not been married. The rules said that she had to have been nominated by her partner, but he had not . .
CitedMM (Lebanon) and Others, Regina (on The Applications of) v Secretary of State and Another SC 22-Feb-2017
Challenge to rules requiring certain minimum levels of income (Minimum Income Requirement – MIR) for allowing entry for non-EEA spouse.
Held: The challenges udder the Human Rights Act to the Rules themselves failed. Nor did any separate issue . .
CitedTigere, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills SC 29-Jul-2015
After increasing university fees, the student loan system was part funded by the government. They introduced limits to the availability of such loans, and a student must have been lawfully ordinarily resident in the UK for three years before the day . .

Lists of cited by and citing cases may be incomplete.

Discrimination, Education, Human Rights

Leading Case

Updated: 01 November 2021; Ref: scu.239351

London Borough of Bromley v C: Admn 7 Mar 2006

The authority appealed an acquittal by the magistrates of the mother of three children of failing to secure their regular attendance. . Records showed that out of 114 possible attendances in each case, E had 72 attendances, G had 74 and B had 78. Only a few absences were for reasons of notified sickness. Some were due to C’s sciatica, but these were treated compassionately as not unauthorised absences. A further 18 absences per child were due to holidays for which leave of absence was refused or not sought. All other absences were due to late arrival at school consequent on car breakdowns or bad traffic conditions. The children were of above average intelligence.
Held: The school attendance record was admissible, but was not conclusive. The respndent could therefore be heard as to the extent of attendance. The magistrates had been entitled to hold that apart from the holidays, good and cogent reasons had been given for the absences. As to the holidays the magistrates had asked the wrong question. It was not whether the holidays were justified, but whether they were unavoidable. Leave meant leave granted by the school. ‘Against this background of children attending for the equivalent of 40 days, their absence for the equivalent of nine days on unauthorised holidays could lead to only one conclusion; that is to say, that there had not been regular attendance. ‘ Though the magistrates were wrong, the acquittal would not be quashed.

Lord Justice Auld, Mr Justice Sullivan
[2006] ELR 358, [2006] EWHC 1110 (Admin)
Bailii
Education Act 1996 444(1)
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.

Crime, Education

Leading Case

Updated: 01 November 2021; Ref: scu.242288

Reilly v Sandwell Metropolitan Borough Council: SC 14 Mar 2018

Burchell case remains good law

The appellant head teacher had been dismissed for failing to disclose the fact that her partner had been convicted of a sex offence. She now appealed from rejection of her claim for unfair dismissal.
Held: The appeal was dismissed. The tribunal was entitled to conclude that it was a reasonable response for the panel to have concluded that Ms Reilly’s non-disclosure not only amounted to a breach of duty but also merited her dismissal. For her refusal to accept that she had been in breach of duty suggested a continuing lack of insight which, as it was reasonable to conclude, rendered it inappropriate for her to continue to run the school. ‘the three requirements identified by Arnold J [in Burchell] do not well fit the inquiry mandated by what is now section 98(4). It is indeed clear that, on the contrary, they were directed to the first part of the inquiry under what is now section 98(1) to (3).’
Hale LJ discussed Burchell: ‘There may be very good reasons why no-one has challenged the Burchell test before us. First, it has been applied by Employment Tribunals, in the thousands of cases which come before them, for 40 years now. It remains binding upon them and on the Employment Appeal Tribunal and Court of Appeal. Destabilising the position without a very good reason would be irresponsible. Second, Parliament has had the opportunity to clarify the approach which is intended, should it consider that Burchell is wrong, and it has not done so. Third, those who are experienced in the field, whether acting for employees or employers, may consider that the approach is correct and does not lead to injustice in practice.’

Lady Hale, President, Lord Wilson, Lord Carnwath, Lord Hughes, Lord Hodge
[2018] UKSC 16, UKSC 2016/0170
Bailii, SC, SC Summary, SC Summary Video, SC Hearing am, SC Hearing pm
Employment Rights Act 1996 98(4), Education Act 2002 175(2)
England and Wales
Citing:
At EATA v B and Another EAT 20-Feb-2014
EAT Unfair Dismissal – The Employment Tribunal was not wrong in law, or perverse, or in breach of Article 8 to conclude that, in all the circumstances described by the ET, the Respondent decision taker was . .
Appeal fromA v B Local Authority and Another CA 19-Jul-2016
The appellant was a head teacher at a primary school, of which the second respondent was the governing body, until she was summarily dismissed for gross misconduct in May 2011. The reason for her dismissal was that she had failed to reveal to the . .
CitedOrr v Milton Keynes Council CA 1-Feb-2011
The employee was involved in offensive and insubordinate behaviour with his team leader. He was dismissed by a more senior manager, after a hearing in which the first manager gave evidence but which the claimant did not attend. It was later shown . .
CitedBritish Home Stores Ltd v Burchell EAT 1978
B had been dismissed for allegedly being involved with a number of other employees in acts of dishonesty relating to staff purchases. She had denied the abuse. The tribunal had found the dismissal unfair in the methods used to decide to dismiss her. . .
CitedMeridian Global Funds Management Asia Ltd v Securities Commission PC 26-Jun-1995
(New Zealand) The New Zealand statute required a holder of specified investments to give notice of its holding to a regulator as soon as it became aware of its holding. Unbeknown to any others in the company apart from one colleague, its chief . .
CitedOrr v Milton Keynes Council CA 1-Feb-2011
The employee was involved in offensive and insubordinate behaviour with his team leader. He was dismissed by a more senior manager, after a hearing in which the first manager gave evidence but which the claimant did not attend. It was later shown . .
CitedTurner v East Midlands Trains Ltd CA 16-Nov-2012
The employee, a train ticket conductor, was accused without direct evidence of manipulating her machine to produce false tickets which she was then said to have sold.
Held: Elias LJ said that the Tribunal: ‘has to ask whether the employer . .
CitedRedbridge London Borough Council v Fishman EAT 1978
Unfair and wrongful dismissal are separate and distinct causes of action. Phillips J said: ‘The jurisdiction based on paragraph 6 (8) of Schedule 1 to the Trade Union and Labour Relations Act 1974 has not got much to do with contractual rights and . .
CitedRedbridge London Borough Council v Fishman EAT 1978
Unfair and wrongful dismissal are separate and distinct causes of action. Phillips J said: ‘The jurisdiction based on paragraph 6 (8) of Schedule 1 to the Trade Union and Labour Relations Act 1974 has not got much to do with contractual rights and . .
CitedWeston Recovery Services v Fisher EAT 7-Oct-2010
EAT UNFAIR DISMISSAL – Reasonableness of dismissal
CONTRACT OF EMPLOYMENT – Wrongful dismissal
Employment Tribunal found Claimant guilty of serious misconduct for which dismissal fell within the range . .
CitedHaddon v Van Den Bergh Foods Ltd EAT 10-Nov-1999
An employee did not return to work after a presentation to him of a good service award, because he had drunk alcohol. A new policy required staff not to return to work after consuming alcohol, but had also said that alcohol would not be provided. . .

Lists of cited by and citing cases may be incomplete.

Education

Updated: 01 November 2021; Ref: scu.606038

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 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 instanceAli 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 AppealAli 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 LordsAli 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

McDougal, Regina (On the Application of) v Liverpool City Council: Admn 22 Jul 2009

Right Questions asked on School Closure

The claimant sought to challenge the respondent’s decision to close a local school. The choice had been made on academic results and the number of vacancies.
Held: The application failed. The Council had complied with its obligation in administrative law to ‘ask [it]self the right question and take reasonable steps to acquaint [it]self with the relevant information to enable him to answer it correctly.’ The council had duties to other schools equally and it had listened to the claimant’s representations though it had disagreed with them.

Silber J
[2009] EWHC 1821 (Admin), [2009] ELR 510
Bailii
England and Wales
Citing:
CitedSecretary of State for Education and Science v Tameside Metropolitan Borough Council HL 21-Oct-1976
An authority investigating an application for registration of rights of common over land has an implied duty to ‘take reasonable steps to acquaint (itself) with the relevant information.’ A mere factual mistake has become a ground of judicial . .
CitedBradley v The Jockey Club QBD 1-Oct-2004
The claimant said that penalties imposed on him by the defendants were disproportionate to the offences claimed. Richards J described the duty of the court testing a decision: ‘The function of the court is not to take the primary decision but to . .
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 . .
CitedE v Secretary of State for the Home Department etc CA 2-Feb-2004
The court was asked as to the extent of the power of the IAT and Court of Appeal to reconsider a decision which it later appeared was based upon an error of fact, and the extent to which new evidence to demonstrate such an error could be admitted. . .

Lists of cited by and citing cases may be incomplete.

Education, Human Rights

Updated: 01 November 2021; Ref: scu.352266

Isle 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.
Held: The appeal failed. The magistrates did not err in law in taking into account attendance outside the offence dates 13 April to 24 April 2015 as particularised in the summons when determining the percentage attendance of the child.

Llyd Jones LJ, Thirlwall J
[2016] EWHC 1283 (Admin), (2016) 180 JP 349, [2016] ELR 268
Bailii
England and Wales
Citing:
CitedHinchley 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 . .
CitedLondon Borough of Bromley v C Admn 7-Mar-2006
The authority appealed an acquittal by the magistrates of the mother of three children of failing to secure their regular attendance. . Records showed that out of 114 possible attendances in each case, E had 72 attendances, G had 74 and B had 78. . .
CitedBarnfather v London Borough of Islington Education Authority, Secretary of State for Education and Skills QBD 7-Mar-2003
The appellant was convicted of the crime of being a parent whose child had failed to attend school regularly. She challenged saying that the offence required no guilty act on her part, but was one of strict liability, and contrary to her human . .

Cited by:
Appeal fromIsle 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: 01 November 2021; Ref: scu.564905

Chief Inspector of Education, Children’s Services and Skills v The Interim Executive Board of Al-Hijrah School: CA 13 Oct 2017

Single Sex Schooling failed to prepare for life

The Chief Inspector appealed from a decision that it was discriminatory under the 2010 Act to educate girls and boys in the same school but under a system providing effective complete separation of the sexes.
Held: The action was discriminatory. However, the scheme operated against individuals, both girls and boys. Such subjects of a possible discrimination needed to be looked at as individuals and not as groups: ‘An individual girl pupil cannot socialise and intermix with a boy pupil because, and only because, of her sex; and an individual boy pupil cannot socialise and intermix with a girl pupil because, and only because, of his sex. Each is, therefore, treated less favourably than would be the case if their sex was different.’

Sir Terence Etherton MR, Glostr, Beatson LJJ
[2017] EWCA Civ 1426, [2018] ELR 25, [2017] WLR(D) 664, [2018] IRLR 334, [2018] 1 WLR 1471, [2018] 1 All ER 1024
Bailii, Judiciary, Summary – Judiciary, WLRD
Equality Act 2010 13 85
England and Wales
Citing:
See AlsoThe Interim Executive Board of X, Regina (on The Application of) v OFSTED Admn 1-Aug-2016
The claimant sought to quash a report on the claimant school issued by the respondent. The respondent now sought the removal of an interim order restraining publication.
Held: THE ORDER WAS UPHELD. . .
Appeal fromThe Interim Executive Board of X School v Chief Inspector of Education, Childrens Services and Skills Admn 8-Nov-2016
The School sought judicial review of a decision of the Inspector that their school policy of separating girls and boys within the school was discriminatory. . .
CitedMinistry of Defence v Jeremiah CA 1980
The court considered the meaning of ‘detriment’ in discrimination law. Brightman LJ said: ‘I think a detriment exists if a reasonable worker would or might take the view that the duty was in all the circumstances to his detriment.’
Lord Justice . .
CitedGill v El Vino Co Ltd CA 1983
The plaintiffs, who were both women, wanted to stand and drink at the bar in the defendants’ wine bar but the barman refused to serve them and said that, if they sat at a table, the drinks would be brought to them. That was because only men were . .
CitedRegina v Birmingham City Council ex parte Equal Opportunities Commission HL 1989
At the council’s independent, single-sex grammar schools there were more places available for boys than girls. Consequently the council were obliged to set a higher pass mark for girls than boys in the grammar school entrance examination.
CitedSmyth v Croft Inns Ltd 1996
A barman in a public house with Protestant customers in a ‘loyalist’ area of Belfast was constructively dismissed because he was a Roman Catholic.
Held: That was discrimination ‘on the ground of religious belief’ within the section. The . .
CitedTower Boot Company Limited v Jones CA 11-Dec-1996
An employer’s liability for racial abuse by its employees is wider than its liability under the rules of vicarious liability. The statute created new obligations. Sex and race discrimination legislation seeks to eradicate the ‘very great evil’ of . .
CitedSt Helens Borough Council v Derbyshire and others HL 25-Apr-2007
The claimants were pursuing an action for equal pay. Several others settled their own actions, and the respondents then wrote direct to the claimants expressing their concern that the action ws being continued and its possible effects. The claimants . .
CitedE, Regina (on The Application of) v Governing Body of JFS and Another SC 16-Dec-2009
E complained that his exclusion from admission to the school had been racially discriminatory. The school applied an Orthodox Jewish religious test which did not count him as Jewish because of his family history.
Held: The school’s appeal . .
CitedPink Floyd Music Ltd and Another v EMI Records Ltd CA 14-Dec-2010
The defendant appealed against an order made on the claimant’s assertion that there were due to it substantial underpayments of royalties over many years. The issues were as to the construction of licensing agreements particularly in the context of . .
DistinguishedSmith v Safeway Plc CA 5-Mar-1996
The appellant, a male delicatessen assistant, was dismissed by his employers because his hair, which he wore in a ponytail style, breached the employers’ rules for male staff, which stipulated tidy hair not below collar length and no unconventional . .
CitedFlora v Wakom (Heathrow) Ltd CA 28-Jul-2006
The claimant was severely injured and claimed for loss of future earnings and future care. The defendant admitted liability. In the statement of case for damages, the claimant contended that, if the court made an order for periodic payments, it . .
CitedColl, Regina (on The Application of) v Secretary of State for Justice SC 24-May-2017
The appellant female prisoner asserted that the much smaller number of probation and bail hostels provided for women prisoners when released on licence was discriminatory in leaving greater numbers of women far removed from their families.
CitedRegina v Westminster City Council Ex Parte Ermakov CA 14-Nov-1995
The applicant, having moved here from Greece, applied for emergency housing. The Council received no reply to its requests for corroboration sent to Greece. Housing was refused, but the officer later suggested that the real reason was that the . .
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 . .
CitedRegina v Secretary of State for Education and Employment and others ex parte Williamson and others HL 24-Feb-2005
The appellants were teachers in Christian schools who said that the blanket ban on corporal punishment interfered with their religious freedom. They saw moderate physical discipline as an essential part of educating children in a Christian manner. . .
CitedSecretary of State for Defence v Elias CA 10-Oct-2006
The claimant said that a scheme drawn by the defendant for compensating British civilians interned by the Japanese during the second world war was indirectly discriminatory on racial grounds by requiring a national origin link with the UK. She had . .
CitedSG v St Gregory’s Catholic Science College Admn 17-Jun-2010
The claimant challenged the school’s policy on hairstyles for boys.
Held: There had been no unlawful sex discrimination. . .
CitedColl, Regina (on The Application of) v Secretary of State for Justice SC 24-May-2017
The appellant female prisoner asserted that the much smaller number of probation and bail hostels provided for women prisoners when released on licence was discriminatory in leaving greater numbers of women far removed from their families.
Education, Discrimination

Updated: 01 November 2021; Ref: scu.596086

G, Regina (on The Application of) v X School: SC 29 Jun 2011

The claimant was employed as a teaching assistant. He was suspended after allegations of sexual misbehaviour with boy at the school. He refused to take part in the disciplinary proceedings until the police investigation was concluded. A decision was made that no prosecution would follow. The claimant’s solicitors asked to be allowed to represent him at the hearing since the school had said its report might be submitted to the Secretary of State, but they were refused. The allegations were found proved and the matter reported. The school now appealed against a finding that legal representation should have been allowed.
Held: The relevant civil right was his right to practise his profession as a teaching assistant. This right, Lord Dyson said, would be directly determined by the decision under the Education Act 2002. G contended that the school disciplinary proceedings would have such a powerful influence on the proceedings or the proceedings under the 2002 Act as to engage article 6 in both of them.
Lord Dyson said that the principal question raised was what kind of connection was required between proceedings A (in which an individual’s civil rights are not being explicitly determined) and proceedings B (in which civil rights are being explicitly determined) for article 6 to apply in both.

Lord Hope, Deputy President, Lord Walker, Lord Brown, Lord Kerr, Lord Dyson
[2011] UKSC 39, [2011] ICR 1033, [2011] ELR 310, [2011] UKHRR 1012, [2012] 1 AC 167, [2011] 3 WLR 237, [2011] PTSR 1230, [2011] BLGR 849, [2011] 4 All ER 625, [2011] HRLR 34, [2011] Med LR 473, [2011] IRLR 756
Bailii, SC, SC Summary, Bailii Summary
Education (Prohibition from Teaching or Working with Children) Regulations 2003 4, Education Act 2002 142, European Convention on Human Rights 6
England and Wales
Citing:
CitedRingeisen v Austria ECHR 16-Jul-1971
The Austrian District and Regional Real Property Transactions Commission refused to approve the sale of a number of plots of land. The applicant challenged the refusal alleging bias and contending that his article 6 rights were violated for that . .
CitedG, Regina (on The Application of) v X School and Others CA 20-Jan-2010
The claimant was a teaching assistant. A complaint had been made that he had kissed a boy having work experience at the school, but it had been decided that no criminal prosecution would follow. He sought judicial review of the school’s decision to . .
CitedFayed v United Kingdom ECHR 6-Oct-1994
The Secretary of State had appointed inspectors to investigate and report on a company takeover. In their report, which was published, the inspectors made findings which were critical of and damaging to the applicants, who relied on the civil limb . .
CitedBuchholz v Germany ECHR 6-May-1981
The ECHR did not apply to rights determined by a constitutional court because of their constitutional nature. . .
CitedBalmer-Schafroth and Others v Switzerland ECHR 26-Aug-1997
The applicants objected to the Federal Council, asking it to refuse to extend a licence to operate a power station. The council, from which there was no appeal, declined and extended the licence. The applicants invoked articles 6(1) and 13, arguing . .
CitedDeumeland v Germany ECHR 29-May-1986
Although the Constitutional Court had no jurisdiction to rule on the merits of the dispute, its decision was ‘capable of affecting the outcome of the claim’.
The court considered a widow’s supplementary pension arising from her husband’s death . .
CitedPoiss v Austria ECHR 23-Apr-1987
Hudoc Violation of Art. 6-1; Violation of P1-1; Just satisfaction reserved . .
CitedLe Compte, Van Leuven And De Meyere v Belgium ECHR 23-Jun-1981
The applicants were suspended from practising medicine for three months by the Provincial Council of the Ordre des medecins. They appealed unsuccessfully to the Appeal Council and again unsuccessfully to the Court de Cassation. Dr Le Compte . .

Cited by:
CitedMattu v The University Hospitals of Coventry and Warwickshire NHS Trust QBD 1-Aug-2011
The claimant who had been dismissed by the defendant, asked the court to find that the defendant had failed to meet its contractual obligations as to the procedure to be followed, and that therefore the court declare the dismissal void.
Held: . .
CitedMinistry of Justice v Parry EAT 14-Nov-2012
EAT RIGHT TO REPRESENTATION, APPROACH TO POLKEY
TRIBUNALS MAKING FINDINGS FOR WHICH THERE IS NO EVIDENCE
The Appellant employer raised five Grounds of Appeal against a decision that a dismissal was . .

Lists of cited by and citing cases may be incomplete.

Employment, Education, Human Rights

Updated: 01 November 2021; Ref: scu.441296

Ofsted v The Secretary of State for Education: CA 21 Dec 2018

OFSTED complaints procedure was adequate

A school subject to an adverse report by OFSTED, complained that the procedure offered no proper opportunity to challenge the report. OFSTED now appealed against a finding that the procedure was inadequate.
Held: The appeal succeeded. It was necessary to consider the entire process, and not just the element following the issue of the report. The production of the report had considerable continuing feedback from any school involved. Additional facilities were allowed for schools subject to more serious findings, and this difference in treatment was justified.

Sir Terence Etherton MR, Hamblen, Green LJJ
[2018] EWCA Civ 2813, [2019] WLR(D) 15
Bailii, WLRD
Education Act 2005
England and Wales

Education, Administrative

Updated: 01 November 2021; Ref: scu.632680

CS, Re Judicial Review: QBNI 30 Apr 2015

QBNI This is a judicial review of decisions made on 24 September 2014 and 1 October 2014 by Queen’s University Belfast (‘QUB’) to ‘temporarily withdraw’ the applicant from the University for the duration of a Sexual Offences Prevention Order (‘SOPO’) which expires on 5 September 2019, after which period the applicant could apply to the University for re-admission. It is important to emphasise that this is not an appeal on the merits. This is an application for judicial review.
[2] The court has declined to grant the judicial review for the following reasons:
(i) It has concluded that the Board of Visitors has exclusive jurisdiction to hear the applicant’s appeal from the decisions of which he complains, subject to four exceptions. These are that the Board can be subject to judicial review when it exceeds its jurisdiction, abuses its powers, breaches the principles of natural justice and/or does not protect the rights a party enjoys under the European Convention of Human Rights (‘the Convention’).
(ii) Regardless of the exclusive jurisdiction of the Board, the court requires the applicant to exhaust his remedy before that Board prior to seeking any judicial review.
(iii) The judicial and extra judicial support from many eminent legal figures for the exclusive jurisdiction of the Board of Visitors offered over hundreds of years, remains as true today as when it was originally offered. Indeed, there are good grounds for concluding that the judicial tide flows even more strongly in favour of hearings taking place before such bodies. Of course, as a public authority the Board is now obliged to act in a Convention compliant way.
(iv) In any event the challenge is premature. The process has not yet run its course. At common law and under the Convention, the whole process has to be considered in assessing whether there have been breaches of the applicant’s convention or common law rights. The court is not in a position, nor should it try to determine whether the applicant’s common law or convention rights have been infringed. This should only take place after there has been a full hearing before the Board of Visitors.

Horner J
[2015] NIQB 36
Bailii
European Convention of Human Rights
Northern Ireland

Northern Ireland, Education, Human Rights

Updated: 01 November 2021; Ref: scu.547271

Velyo Velev v Bulgaria (Legal Summary): ECHR 27 May 2014

ECHR Article 2 of Protocol No. 1
Right to education
Refusal to enrol remand prisoner in prison school: violation
Facts – In 2005 the applicant, a remand prisoner, requested to be enrolled in the prison school. His request was refused first by the prison authorities and ultimately by the Supreme Administrative Court. The Prison Governor reasoned that, if convicted, the applicant, who had a previous conviction, would be a recidivist and should thus be kept separately from the non-recidivist prisoners. The Supreme Administrative Court rejected his request on different grounds, holding that the right to education applied only to convicted prisoners, not remand prisoners.
Law – Article 2 of Protocol No. 1: The Court recalled that lawfully detained prisoners continued to enjoy all fundamental rights and freedoms guaranteed under the Convention, save for the right to liberty. Consequently, the applicant still had the right to education under Article 2 of Protocol No. 1. The right to education imposed a duty on Bulgaria to afford effective access to existing educational establishments, including prison schools. Consequently, the Government had the burden of showing that its exclusion of the applicant was foreseeable, pursued a legitimate aim and was proportionate to that aim.
The Court found it open to doubt whether the exclusion was sufficiently foreseeable, as the relevant legislative framework provided that convicted prisoners had the right to be included in educational programmes and that provisions regarding convicted prisoners were equally applicable to remand prisoners. The lack of clarity in the statutory framework was reflected in the fact that the reasons given by the national authorities for his exclusion were different: the Prison Governor and the Ministry of Justice emphasised the applicant’s potential recidivism, while the Supreme Administrative Court focused on the applicant’s remand status.
The Government had relied on three different grounds to justify the applicant’s exclusion from the school. As to their first argument that it was inappropriate for the applicant to attend school with convicted prisoners, the Court observed that the the applicant did not have any objections and there was no evidence to show that remand prisoners would be harmed by attending school with convicted prisoners. Moreover, the Court did not consider the uncertainty of the length of the pre-trial detention to be a valid justification for exclusion from educational facilities. Finally, as regards the Government’s third argument that the applicant risked being sentenced as a recidivist, so it would not be in the interests of the non-recidivist prisoners to attend school with him, the Court recalled that the applicant was entitled to the presumption of innocence and thus could not be classified as a recidivist. In the light of these considerations, and recognising the applicant’s undoubted interest in completing his secondary education, the Court found that the refusal to enrol him in prison school had not been sufficiently foreseeable, had not pursued a legitimate aim or was proportionate to that aim.
Conclusion: violation (unanimously).
Article 41: EUR 2,000 in respect of non-pecuniary damage.

16032/07 – Legal Summary, [2014] ECHR 711
Bailii
European Convention on Human Rights
Human Rights
Cited by:
CitedVelyo Velev v Bulgaria ECHR 27-May-2014
. .

Lists of cited by and citing cases may be incomplete.

Human Rights, Education, Prisons

Updated: 01 November 2021; Ref: scu.533847

Blackwood v Birmingham and Solihull Mental Health NHS Foundation Trust: CA 23 Jun 2016

The Appellant claimed to have suffered indirect sex discrimination in connection with a work placement which she was offered as part of her studies to become a nurse, and she brought proceedings in the Employment Tribunal. The issue raised by this appeal is whether the ET had jurisdiction to entertain her claim or whether, as it and the Employment Appeal Tribunal both held, she should have proceeded in the County Court. That depends on whether the claim falls under Part 5 of the Equality Act 2010, which is concerned with discrimination at work, or under Part 6, which is concerned with discrimination in education. The issue is of some general importance because it is a standard part of very many educational courses with a vocational element .
Held: The employment tribunal did have jurisdiction.
Underhill LJ said: ‘I summarise what I believe to be the effect of sections 55 and 56, construed so as to give effect to the relevant Directives. The starting-point in any case is to identify the nature of the student’s complaint – that is, whether it is about discriminatory access to a work placement or about discrimination occurring during the placement.
(1) If the claim is about access – either that the university has failed to provide a placement at all or that it has done so in a discriminatory way – it can only be brought under section 91, and thus in the County Court. The primary claim will inevitably be against the university, because it is the university that has the responsibility for the provision of access, and it is hard therefore to see any role for sections 109 and 110; but if the provider has induced or aided that contravention it will be secondarily liable under section 111 or 112 and the student can proceed against it (in the County Court) as well as, or instead of, the university.
(2) If the claim is about discrimination by the provider in the course of the work placement, the provider will typically have done the act complained of as a principal and will thus be primarily liable for that discrimination under section 55, with the forum for any proceedings being the Employment Tribunal. There may be untypical cases where the act was done by the provider as the agent of the university. In those cases both the university and the provider will be liable, by virtue of sections 109 (2) and 110 (1) respectively, but the liability will still arise under section 55, so that the ET will still be the correct forum whether the claimant chooses to proceed against only one of them or against both. The university may of course also in a particular case be liable, depending on the facts, under sections 111 or 112 as having induced or assisted the discrimination. Any such claim will, again, have to be brought in the ET: see sections 114 (1) (e) and 120 (1) (b).

Patten, Lewison, Underhill LJJ
[2016] EWCA Civ 607, [2016] IRLR 878, [2016] WLR(D) 336, [2016] ICR 903
Bailii, WLRD
England and Wales
Citing:
Appeal fromBlackwood v Birmingham and Solihull Mental Health NHS Foundation Trust EAT 22-Sep-2014
EAT Sex Discrimination: Indirect – Discrimination by other bodies
Indirect Sex Discrimination – Employment service-providers (section 55 Equality Act 2010) – Students: admission and treatment etc (section . .

Cited by:
CitedNwabueze v University of Law Ltd and Others CA 13-Nov-2020
No ET Jurisdiction for Non-employment claim
The claimant appealed against rejection of her claim for discrimination which she had brought in the Employment Tribunal rather than the County Court.
Held: The appeal failed: ‘if a body is a governing body of a university this displaces its . .

Lists of cited by and citing cases may be incomplete.

Employment, Discrimination, Education

Updated: 01 November 2021; Ref: scu.565952

Tarantino And Others v Italy: ECHR 2 Apr 2013

Limits to Education not in breach

ECHR Article 2 of Protocol No. 1
Right to education
Legislation imposing entrance examination with numerus clausus for access to public and private sector university courses in medicine and dentistry: no violation
Facts – In Italy, a numerus clausus (limit on the number of candidates allowed to enter a university) applies to certain vocational faculties such as medicine and dentistry in both public and private sector universities. The applicants were all students who were unable to obtain a place in the faculties of medicine or dentistry to which they had applied. The first seven applicants failed the entrance examination. After initially obtaining a place at a faculty of dentistry, the eighth applicant was excluded from the course and required to retake the entrance examination after repeatedly failing to sit the course examinations. All eight applicants complained to the European Court of a violation of their right to education secured by Article 2 of Protocol No. 1.
Law – Article 2 of Protocol No. 1
(a) Complaint relating to all the applicants – The restrictions imposed by the entrance examination and numerus clausus under the applicable legislation had been foreseeable and conformed to the legitimate aim of achieving high levels of professionalism by ensuring a minimum and adequate education level in universities running in appropriate conditions. This was in the general interest. The case therefore turned on the question of the proportionality of the restrictions.
As to the entrance examination requirement, identifying the most meritorious students through relevant tests was a proportionate measure to ensure a minimum and adequate level of education in the universities. The Court was not competent to decide on the content or appropriateness of the tests involved.
As regards the numerus clausus, a balance had to be reached between the individual interest of the applicants and those of society at large, including other students attending the university courses.
The two criteria on which the numerus clausus was based – the capacity and resource potential of universities, and society’s need for a particular profession – were in line with the Court’s case-law holding that regulation of the right to education may vary according to the needs and resources of the community and of individuals. They also had to be seen in the context of the highest (tertiary) level of education.
With respect to the first of these criteria, resource considerations were clearly relevant and undoubtedly acceptable as the right to education only applied in so far as it was available and within the limits pertaining to it. While this was particularly true where State-run universities were concerned, it was not disproportionate or arbitrary for the State to regulate access to private institutions as well, not only because the private sector in Italy was partly reliant on State subsidies, but also because regulating access could be considered necessary both to prevent arbitrary admission or exclusion and to guarantee equal treatment. The State was therefore justified in being rigorous in its regulation of the sector – especially in fields where a minimum and adequate education level was of the utmost importance – to ensure that access to private institutions was not available purely on account of the candidates’ financial means, irrespective of their qualifications and propensity for the profession. It was true also that overcrowded classes could be detrimental to the effectiveness of the education system. The first criterion was thus both legitimate and proportionate.
As to the second criterion – society’s need for a particular profession – despite the fact that it ignored relevant needs originating in a wider European Union or private context and even future local needs, the Court nevertheless considered it balanced and proportionate. Training specific categories of professionals constituted a huge investment and the Government were entitled to take action to avoid excessive public expenditure. It was reasonable for the State to aspire to the assimilation of each successful candidate into the labour market since unemployment could be considered a social burden on society at large. Nor, given that it was impossible to ascertain how many graduates might seek to exit the local market and find employment abroad, was it unreasonable for the State to base its policy on the assumption that a high percentage would remain in the country to seek employment.
Lastly, the applicants had not been denied the right to apply for other courses or to study abroad and, since there did not appear to be a limit on the number of times they could sit the entrance examination, they still had the opportunity to resit the test and, if successful, gain access to the course. In conclusion, the measures imposed were not disproportionate and the State had not exceeded its margin of appreciation.
Conclusion: no violation (six votes to one).
(b) Complaint relating only to the eighth applicant – It was not unreasonable to exclude a student from a course and require him to re-sit the entrance examination when he had failed to sit examinations for eight consecutive years, particularly given that a numerus clausus applied to the university course in question. This measure, which had achieved a balance between the interests of the eighth applicant and the interests of other candidates and the community at large was thus proportionate
Conclusion: no violation (unanimously).

25851/09, 29284/09, 64090/09 – Legal Summary, [2013] ECHR 446
Bailii
European Convention on Human Rights
Human Rights

Human Rights, Education

Leading Case

Updated: 01 November 2021; Ref: scu.509995

E, Regina (On the Application of) v The Governing Body of JFS and Another: CA 25 Jun 2009

E challenged the admissions policy of a school which admitted by preference children acknowledged to be Jewish by the Office of their Rabbi. His mother being Jewish by conversion in a progressive synagogue, E was excluded. The claimant suggested that the policy ‘elides the grounds of an act with its motive, whereas what the legislation is concerned with is not its motive but its causation. A religious motive will not excuse discrimination on racial grounds.’
Held: The policy was discriminatory. ‘So long as a maintained faith school is undersubscribed, it cannot use religious criteria to allocate places. But once it is oversubscribed, it can lawfully restrict entry to children whom, or whose parents, it regards as sharing the school’s faith. This is not by reason of an affirmative enactment, but because such schools are exempted from the prohibition of discrimination on grounds of religion or belief contained in Part 2 of the Equality Act 2006.’ The decision between Jewish and non-Jewish children could be made on religious but not racial grounds. The test applied judge the student according to whether she was regarded as jewish by the orthodox jewish faith. That was a racial characterisation, and not an assessment of the applicant’s religion: ‘M was refused admission to JFS because his mother, and therefore he, was not regarded as Jewish. The school has been perfectly open in giving this as the ground of non-admission. There are of course theological reasons why M is not regarded as Jewish, but they are not the ground of non-admission: they are the motive for adopting it.’

Applying Mandla, ‘(a) that Jews constitute a racial group defined principally by ethnic origin and additionally by conversion, and (b) that to discriminate against a person on the ground that he or someone else either is or is not Jewish is therefore to discriminate against him on racial grounds. The motive for the discrimination, whether benign or malign, theological or supremacist, makes it no less and no more unlawful. Nor does the factuality of the ground. If for theological reasons a fully subscribed Christian faith school refused to admit a child on the ground that, albeit practising Christians, the child’s family were of Jewish origin, it is hard to see what answer there could be to a claim for race discrimination.’

Sedley LJ, Smith LJ, Rimer LJ
[2009] EWCA Civ 626, Times 08-Jul-2009, [2009] PTSR 1442, [2009] ELR 407, [2009] ACD 69, [2009] 4 All ER 375
Bailii
Race Relations Act 1976, Equality Act 2006 50(1)(a)
England and Wales
Citing:
Appeal fromE v The Governing Body of JFS and Another Admn 3-Jul-2008
The court considered the impact of secular discrimination policy on admissions policies of religious schools.
Held: A school admissions policy which gave priority to children of their designated faith did not discriminate unlawfully either . .
Leave to appealE v The Governing Body of JFS and Another Admn 16-Jul-2008
Application for leave to appeal. . .
CitedZarczynska v Levy 1979
A white barmaid was dismissed for refusing to turn away black customers. She claimed in race discrimination.
Held: Treating people less favourably not because of their race but because of the race of others is also discrimination on grounds of . .
CitedEnglish v Thomas Sanderson Ltd CA 19-Dec-2008
The claimant appealed dismissal of his claim for harrassment and sex discrimination. Though heterosexual, he had been subject to persistent jokes that he was homosexual. The court first asked whether the alleged conduct was ‘on the grounds of sexual . .
CitedJames v Eastleigh Borough Council HL 14-Jun-1990
Result Decides Dscrimination not Motive
The Council had allowed free entry to its swimming pools to those of pensionable age (ie women of 60 and men of 65). A 61 year old man successfully complained of sexual discrimination.
Held: The 1975 Act directly discriminated between men and . .
CitedChief Constable of West Yorkshire Police v Khan HL 11-Oct-2001
The claimant was a police sergeant. After many years he had not been promoted. He began proceedings for race discrimination. Whilst those were in course, he applied for a post elsewhere. That force wrote to his own requesting a reference. In the . .
CitedSwiggs and others v Nagarajan HL 15-Jul-1999
Bias may not be intentional
The applicant claimed that he had been denied appointment to a job with London Regional Transport because he had brought a number of previous race discrimination claims against it or associated companies. An industrial tribunal had upheld his claim . .
CitedSeide v Gillette Industries Ltd 1980
The claimant had been moved to a different department to escape anti-Semitic harassment. He fell out (for non-racial reasons) with his colleagues in his new department and was disciplined.
Held: The fact that but for the earlier harassment he . .
CitedMandla (Sewa Singh) v Dowell Lee HL 24-Mar-1982
A private school had refused to admit the claimant, a sikh, because he would be unable to wear the school uniform. He claimed racial discrimination. The school denied that being a Sikh was a membership of a racial or ethnic group.
Held: Sikhs . .

Cited by:
Main CA JudgementE, Regina (On the Application of) v Governing Body Of JFS and Another CA 10-Jul-2009
. .
At CAE, Regina (On the Application of) v Governing Body of JFS and Another SC 14-Oct-2009
The claimant had successfully challenged the policy of the school as racially discriminatory. He now sought an ancillary order that the respondents should not be allowed to request their costs from the defendant’s appeal whatever the outcome, the . .
See alsoE, Regina (on The Application of) v Governing Body of JFS and Another SC 16-Dec-2009
E complained that his exclusion from admission to the school had been racially discriminatory. The school applied an Orthodox Jewish religious test which did not count him as Jewish because of his family history.
Held: The school’s appeal . .

Lists of cited by and citing cases may be incomplete.

Education, Discrimination

Updated: 01 November 2021; Ref: scu.347197

De Oliveira, Regina (on the Application of) v Secretary of State for the Home Department: Admn 9 Mar 2009

The claimant wished to be allowed to stay in the UK to complete her studies. The respondent said that her course did not meet the criteria, being for professional membership of the British Computer Society, and not at a formal degree level throughout.
Held: The course if completed would lead to a degree level qualification. The statute was not to be read restrictively, but purposively. ‘the sensible and reasonable conclusion on the facts of this case is that the Claimant has embarked on a course of study leading to a level 6 qualification; and that the contrary view taken by the SSHD was wrong.’

[2009] EWHC 347 (Admin)
Bailii
England and Wales
Citing:
AppliedOdelola v Secretary of State for the Home Department CA 10-Apr-2008
The claimant applied for leave to remain in the United Kingdom as a postgraduate doctor. The immigration rules which had been laid before Parliament in accordance with section 3(2) of the 1971 Act and which were current at the time of her . .
CitedAM (Ethiopia) and others v Entry Clearance Officer CA 16-Oct-2008
When applying for entry under a sponsorship arrangement, the three applicable rules disallowed third party support.
Laws LJ said: ‘The immigrant’s article 8 rights will (must be) protected by the Secretary of State and the court whether or not . .
CitedTY (Student; ‘Satisfactory Progress’; Course of Study) Burma IAT 16-Jan-2007
AIT A person seeking an extension of leave as a student must show under paragraph 60(v) of HC 395 satisfactory progress in the ‘course of study’ for which he was last granted leave to enter or remain or, if . .
CitedMG (‘Degree Level’ Study) South Africa IAT 30-Jul-2007
AIT The requirement of ‘a course of study at degree level or above’ in paragraph 60(i)(c) of HC 395 which has to be interpreted in accordance with paragraph 6 of the Rules means that the constituent parts of the . .

Lists of cited by and citing cases may be incomplete.

Immigration, Education

Updated: 31 October 2021; Ref: scu.317863

Adams v Bracknell Forest Borough Council: HL 17 Jun 2004

A attended the defendant’s schools between 1977 and 1988. He had always experienced difficulties with reading and writing and as an adult found those difficulties to be an impediment in his employment. He believed them to be the cause of the depression, panic and lack of self-esteem which he suffered. He consulted his doctor about those conditions, but was too embarrassed to disclose his literacy difficulties during the consultations. In 1999, when aged 27, he met by chance an educational psychologist, who suggested that he might be dyslexic. Upon a doctor confirming that diagnosis the appellant, in 2002, issued proceedings against the defendant. He claimed damages for negligence on the grounds of the defendant’s failure properly to assess the educational difficulties he had experienced at school. He said that such an assessment would have revealed that he suffered from dyslexia and led to treatment to ameliorate the consequences of that condition.
Held: The judge was right in applying the standard of reasonable behaviour to a person assumed to be suffering from untreated dyslexia, but there is no reason why the normal expectation that a person suffering from a significant injury will be curious about its origins should not also apply to dyslexics. A substantially objective test is to be applied when deciding what knowledge a claimant could reasonably be expected to acquire within section 14(3)(b). No sufficient reason had been shown to justify exercise of the court’s discretion to extend the limitation period under s33. Dyslexia, or at least the failure to treat it could constitute personal injury.

Lord Hoffmann, Lord Phillips of Worth Matravers, Lord Scott of Foscote, Lord Walker of Gestingthorpe, Baroness Hale of Richmond
[2004] UKHL 29, [2005] 1 AC 76, [2004] 3 WLR 89, [2004] 3 All ER 897
House of Lords, Bailii
Limitation Act 1980 14(3)(b) 33
England and Wales
Citing:
Appeal fromAdams v Bracknell Forest Borough Council CA 6-May-2003
The claimant sought damages from the defendant for having failed to diagnose his dysexia, resulting in educational failure. The respondent argued a reasonable peson would have sought help earlier. The council appealed a refusal to strike out of the . .
CitedRobinson v St Helens Metropolitan Borough Council CA 25-Jul-2002
The claimant sought an extension of the limitation period to allow him to pursue an action. He sought damages for negligence against his former school which had failed to diagnose and treat his dyslexia.
Held: His appeal was denied. The claim . .
CitedM and Another v Newham London Borough Council and Others; X (Minors) v Bedfordshire County Council CA 24-Feb-1994
A local authority was not liable in damages for breach of a statutory duty in Social Services. The policy which has first claim on the loyalty of the law is that wrongs should be remedied. The court would not go so far as to hold that the education . .
CitedX (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc HL 29-Jun-1995
Liability in Damages on Statute Breach to be Clear
Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise . .
CitedPhelps v Mayor and Burgesses London Borough of Hillingdon CA 4-Nov-1998
The plaintiff claimed damages for the negligent failure of an educational psychologist employed by a local authority to identify that the plaintiff was dyslexic.
Held: An educational psychologist has no duty of care to a child, as opposed to . .
CitedPhelps v Hillingdon London Borough Council; Anderton v Clwyd County Council; Gower v Bromley London Borough Council; Jarvis v Hampshire County Council HL 28-Jul-2000
The plaintiffs each complained of negligent decisions in his or her education made by the defendant local authorities. In three of them the Court of Appeal had struck out the plaintiff’s claim and in only one had it been allowed to proceed.
CitedSmith v Central Asbestos Co Ltd CA 1971
Edmund-Davies LJ said of a report prepared by a committee of which had been chairman into ‘whether any alteration is desirable in the law relating to the limitation of actions in cases of personal injury where the injury or disease giving rise to . .
No longer good lawSmith v Central Asbestos Co Ltd; Central Asbestos Co Ltd v Dodd HL 1973
The House considered at what point an injured person was to be deemed to have become aware of his injury so as to start the limitation period.
Held: A majority rejected the proposition that knowledge of ‘material facts’ for section 1(3) . .
CitedGlasgow Corporation v Muir HL 16-Apr-1943
The House considered the proper test to define the standard of care that must be adopted by the reasonable man in a claim for negligence.
Held: Lord Clauson said that the test is whether the person owing the duty of care ‘had in contemplation . .
PersuasiveForbes v Wandsworth Health Authority CA 21-Mar-1996
The plaintiff had a history of circulatory problems in his legs. He underwent surgery losing his leg. The question was when he should have sought advice as to why an attempted by-pass operation had resulted in one leg having to be amputated. He . .
CitedO’Driscoll v Dudley Health Authority CA 30-Apr-1998
The plaintiff sought damages for the negligence of the respondent in her care at birth. Years later the family concluded that her condition was a result of negligence. They waited until she was 21, when they mistakenly believed that she became an . .
CitedNash v Eli Lilly and Co CA 1993
The court considered whether a solicitor acting for a potential plaintiff was considered to be an expert for the purposes of the section.
Held: Purchas LJ said: ‘Of course as advice from a solicitor as to the legal consequences of the act or . .
CitedAli v Courtaulds Textiles Ltd CA 26-May-1999
A claimant was not fixed with knowledge of the source of his injury by being referred for medical opinion. He could not be expected to understand the source of this injury without expert assistance, and time did not run until such assistance was . .
CitedFenech v East London and City Health Authority CA 2000
The court was asked how to set the time at which the claimant became fixed with knowledge of her injury. They ‘found it unnecessary to attempt any final reconciliation, because ‘on any sort of objective approach’ the claimant should have made . .
CitedSmith v Leicestershire Health Authority CA 29-Jan-1998
The plaintiff appealed a finding that she had sufficient knowledge of her possible claim for medical negligence against the defendants, and that she was out of time. She had known of her condition, but said she had no sufficient reason to see that . .
CitedParry v Clwyd Health Authority QBD 1996
The court preferred the more objective approach as to looking at when a plaintiff was to be fixed with knowledge of his injury: ‘If the purpose of section 14(3) is to create deemed or constructive knowledge in circumstances where there is no actual . .
CitedKR and others v Bryn Alyn Community (Holdings) Ltd and Another CA 12-Feb-2003
The respondent appealed decisions by the court to allow claims for personal injury out of time. The claims involved cases of sexual abuse inflicted by its employees going back over many years.
Held: The judge had misapplied the test laid down . .
CitedCoban v Aynur Allen F Barnes and Son (a Firm) CA 8-Oct-1996
The defendant resisted the plaintiff’s claim for personal injuries as out of time. His explanation for not pursuing inquiries with his solicitor was that he was an over-stayer who feared deportation.
Held: Having good reason to make such . .
CitedGlaister v Greenwood ChD 26-Feb-2001
. .
CitedWebster v Cooper and Burnett CA 2000
. .
CitedMortgage Corporation v Lambert and Co (A Firm) and Another CA 24-Apr-2000
If it was alleged that a lender could should have been aware of an overvaluation of a property so as to start the limitation clock, the owner must satisfy the court that it was reasonable at the time alleged for the lender have become obliged to . .
CitedMellors v Perry CA 2003
The claimant had endured a childhood of renal problems with three kidney transplants but had no reason think that this was anything other than the consequence of her congenital disability. . .
CitedBarrett v London Borough of Enfield HL 17-Jun-1999
The claimant had spent his childhood in foster care, and now claimed damages against a local authority for decisions made and not made during that period. The judge’s decision to strike out the claim had been upheld by the Court of Appeal.
Cited by:
CitedCatholic Care (Diocese of Leeds) and Another v Young CA 14-Nov-2006
The claimant sought damages saying that he had been abused as a child whilst in the defendant’s care. The defendants appealed a finding that the claimant had not first known of his injury more than three years before begining his action.
Held: . .
CitedMcCoubrey v Ministry of Defence CA 24-Jan-2007
The defendant appealed a decision allowing a claim to proceed more than ten years after it had been suffered. The claimant’s hearing had been damaged after an officer threw a thunderflash into his trench on an exercise.
Held: The defendant’s . .
CitedCollins v Secretary of State for Business Innovation and Skills and Others CA 23-May-2014
The claimant appealed against rejection of his claim for personal injury which had been rejected on basis that it was out of time. He had contracted cancer in 2002, but had recovered. He later came to attribute this to exposure to asbestos at work . .

Lists of cited by and citing cases may be incomplete.

Education, Professional Negligence, Limitation

Leading Case

Updated: 31 October 2021; Ref: scu.198183

Lister and Others v Hesley Hall Ltd: HL 3 May 2001

A school board employed staff to manage a residential school for vulnerable children. The staff committed sexual abuse of the children. The school denied vicarious liability for the acts of the teachers.
Held: ‘Vicarious liability is legal responsibility imposed on an employer, although he is himself free from blame, for a tort committed by his employee in the course of his employment.’ ‘Vicarious liability is a species of strict liability. It is not premised on any culpable act or omission on the part of the employer; an employer who is not personally at fault is made legally answerable for the fault of his employee. It is best understood as a loss-distribution device’ (Lord Millett) The court overruled earlier decisions to hold that the school was vicariously liable. The test is not just whether the abuse was an unauthorised way of carrying out tasks authorised as part of the employment. These acts had been committed on the premises and during the time when the staff should have been complying with their duty to care for the children. The connection of time and place, and the inextricable link between the acts of abuse and the employment, were sufficiently close to establish liability. Wrongful conduct must be so closely connected with acts the partner or employee was authorised to do that, for the purpose of the liability of the firm or the employer to third parties, the wrongful conduct may fairly and properly be regarded as done by the partner while acting in the ordinary course of the firm’s business or the employee’s employment.

Lord Steyn, Lord Clyde, Lord Hutton, Lord Hobhouse of Woodborough, Lord Millett
Times 10-May-2001, Gazette 14-Jun-2001, [2001] UKHL 22, [2002] 1 AC 215, [2001] 2 All ER 769, [2001] 2 FCR 97, (2001) 3 LGLR 49, [2001] NPC 89, [2001] Fam Law 595, [2001] 2 WLR 1311, [2001] IRLR 472, [2001] ICR 665, [2001] Emp LR 819, [2001] 2 FLR 307, [2001] ELR 422
Bailii, House of Lords
England and Wales
Citing:
Appeal fromLister and others v Hesley Hall Ltd CA 7-Oct-1999
Where a residential worker at a children’s home committed sexual abuse on children within his care, the company running the home were not vicariously liable for the acts themselves, but also were not responsible where the worker did not report his . .
OverruledST v North Yorkshire County Council CA 14-Jul-1998
The court considered the liability of the respondent for sexual assaults committed by an employee teacher when taking students on school trips.
Held: The Local Authority was not vicariously liable for sexual assault committed by employee . .
CitedLloyd v Grace, Smith and Co HL 1912
Mrs Lloyd delivered the title deeds of her cottages at Ellesmere Port to the solicitors’ managing clerk, who defrauded her.
Held: Vicarious liability can extend to fraudulent acts or omissions if those were carried out in the course of the . .
CitedCanadian Pacific Railway Co v Lockhart PC 1941
When considering the imposition of vicarious liability, ‘the first consideration is the ascertainment of what the servant is employed to do.’ (Lord Thankerton) and ‘It is clear that the master is responsible for acts actually authorised by him: for . .
CitedRacz v Home Office HL 17-Dec-1993
The Home Office can be liable for the actions of prison officers which amounted to an official misfeasance. The principles of vicarious liability apply as much to misfeasance in public office as to other torts involving malice, knowledge or . .
CitedMorris v C W Martin and Sons Ltd CA 1965
The plaintiff took her mink stole to the defendants for cleaning. An employee received and stole the fur. The judge had held that the defendants were not liable because the theft was not committed in the course of employment.
Held: The . .
CitedWilliams v A and W Hemphill Ltd HL 1966
Against his employers’s instructions a driver of a lorry deviated substantially from his route. On the detour an accident occurred owing to the fault of the driver. The question arose whether the employers of the lorry driver were vicariously . .
CitedPort Swettenham Authority v T W Wu and Co (M) Sdn Bhd PC 19-Jun-1978
A gratuitous bailee assumes a duty to take reasonable care of the chattel: ‘This standard, although high, may be a less exacting standard than that which the common law requires of a bailee for reward [but] the line between the two standards is a . .
CitedRose v Plenty CA 7-Jul-1975
Contrary to his employers orders, a milkman allowed children to assist him in his milkround. One was injured, and sued the milkman’s employer.
Held: The milkman had not gone so far outside the activities for which he was employed for the . .
CitedIlkiw v Samuels CA 1963
The plaintiff was injured by the careless manouvering of a lorry by the defendant’s employee.
Held: When considering the vicarious liability of an employer, the proper approach to the nature of the servant’s employment is a broad one. . .
CitedPhoto Production Ltd v Securicor Transport Ltd HL 14-Feb-1980
Interpretation of Exclusion Clauses
The plaintiffs had contracted with the defendants for the provision of a night patrol service for their factory. The perils the parties had in mind were fire and theft. A patrol man deliberately lit a fire which burned down the factory. It was an . .
ApprovedJacobi v Griffiths 17-Jun-1999
(Canadian Supreme Court) The process for determining when a non-authorised act by an employee is so connected to the employer’s enterprise that liability should be imposed involved two steps: 1. Firstly a court should determine whether there are . .
ApprovedBazley v Curry 17-Jun-1999
(Canadian Supreme Court) The court considerd the doctrine of vicarious liability: ‘The policy purposes underlying the imposition of vicarious liability on employers are served only where the wrong is so connected with the employment that it can be . .
CitedSanderson v Collins CA 1904
The defendant’s coachman had taken out for his own purposes a dog-cart which belonged to the plaintiff and had been lent to the defendant.
Held: The defendant was not vicariously liable for the coachman’s actions: ‘If the servant in doing any . .
CitedKilboy v South Eastern Fire Area Joint Committee 1952
The court discussed the rule of respondeat superior: ‘What was once presented as a legal principle has degenerated into a rule of expediency, imperfectly defined, and changing its shape before our eyes under the impact of changing social and . .
CitedImperial Chemical Industries Ltd v Shatwell HL 6-Jul-1964
The respondent was employed as a shot firer in a quarry, and was to test the electric wiring connecting explosive charges. Contrary to instructions that testing must be done from a shelter, the respondent and another shot firer carried out a test in . .
CitedStaveley Iron and Chemical Co Ltd v Jones HL 1956
The court must avoid treating every risky act by an employee due to familiarity with the work or some inattention resulting from noise or strain as contributory negligence: ‘ . . in Factory Act cases the purpose of imposing the absolute obligation . .
CitedKirby v National Coal Board OHCS 1958
The court considered the degree of connection necessary between the act of an employee and his employer’s business to establish liability under the rule respondeat superior: ‘four different types of situation have been envisaged as guides to the . .
CitedPlumb v Cobden Flour Mills Co Ltd HL 1914
In looking at restrictions by an employer to limit his vicarious liability, the court must distinguish between prohibitions which limit the sphere of employment and those which only deal with conduct within the sphere of employment:’ ‘there are . .
CitedTower Boot Company Limited v Jones CA 11-Dec-1996
An employer’s liability for racial abuse by its employees is wider than its liability under the rules of vicarious liability. The statute created new obligations. Sex and race discrimination legislation seeks to eradicate the ‘very great evil’ of . .
CitedCentury Insurance v Northern Ireland Road Transport Board HL 4-Mar-1942
Vicarious liability applied, where the lighting of a match to light a cigarette and throwing it on the floor while transferring petrol from a lorry to a tank was held to be in the scope of employment. . .
CitedDeatons Pty Ltd v Flew 12-Dec-1949
(High Court of Australia). A barmaid employed by the appellant threw first the beer from a glass, and then the glass in a customer’s face causing injury. The company appealed a find of vicarious liability.
Held: The act of the barmaid was not . .
CitedIrving and Irving v Post Office CA 1987
The defendant’s employee disliked his neighbours – the plaintiffs. Whilst working in the sorting office, he wrote racially abusive materials on letters addressed to them. The plaintiffs appealed a finding that the defendant was not liable because . .
CitedCentral Motors (Glasgow) Ltd v Cessnock Garage and Motor Co 1925
A night watchman at a garage drove off in a car left there for his own purposes and damaged it.
Held: The garage had delegated to their employee the duty of keeping the car safely secured in the garage and they were liable to the owners of the . .
CitedWard v Scotrail Railways Limited SCS 27-Nov-1998
The claimant sought damages from the defender, saying that a co-worker had sexually harrassed her. The behaviour continued after she made a complaint to her employer.
Held: It was conceded that the employee’s conduct was not such as to attract . .
CitedAldred v Nacanco CA 1987
The claimant sought damages. At the end of the day, a co-employee tried to startle her by pushing an insecure washbasin against her, but caused her actual injury.
Held: The plaintiff’s appeal was dismissed. It was an independent act not . .
CitedMeux v Great Eastern Railway Co 1895
The plaintiff sought damages from the railway company for carelessly damaging his goods even though he did not himself have a contract with the company.
Held: A duty was owed by the railway company towards the goods owner, applying cases which . .
CitedGilchrist Watt and Sanderson Pty Ltd v York Products Pty Ltd PC 1970
(New South Wales – Australia) The defendants were stevedores who had lost two cases of clocks that they had received as sub-bailees of the shipowners, who in turn owed a duty to deliver them to the plaintiffs under the bills of lading.
Held: . .
CitedBarwick v English Joint Stock Bank 1867
When considering the vicarious liability of a master for the acts of his servant, no sensible distinction could be drawn between the case of fraud and any other wrong. The general rule was that: ‘the master is answerable for every such wrong of the . .
CitedFoulkes v Metropolitan District Railway Co 1880
The court considered the liability of a railway company where the plaintiff had bought his ticket from one railway company, but claimed liability from another which had undertaken responsibility for part of the services to be rendered to the . .
CitedDyer v Munday; Morris v Martin CA 1895
The defendant, a hire purchase furniture dealer, sent his manager to recover back some furniture hired to X and upon which several instalments were unpaid. X had pledged the furniture to his landlord as security for his rent, and the landlord’s wife . .
CitedWarren v Henlys Ltd 1948
A garage attendant, as an act of personal vengeance, assaulted a customer of the garage. A customer at a petrol station was abused by the attendant as he drove off without paying. The customer then paid. He complained to the police officer he found . .

Cited by:
CitedMattis v Pollock (T/A Flamingo’s Nightclub) CA 1-Jul-2003
A nightclub employed an unlicensed bouncer/doorman. After an altercation in and outside the club, he went home, and returned armed and seriously assaulted the customer.
Held: The club had vicarious liability for his acts. There was a . .
CitedDubai Aluminium Company Limited v Salaam and Others HL 5-Dec-2002
Partners Liable for Dishonest Act of Solicitor
A solicitor had been alleged to have acted dishonestly, having assisted in a fraudulent breach of trust by drafting certain documents. Contributions to the damages were sought from his partners.
Held: The acts complained of were so close to . .
CitedThe Attorney General v Hartwell PC 23-Feb-2004
PC (The British Virgin Islands) A police officer had taken the police revolver, and used it to shoot the claimant. It was alleged that the respondent police force were vicariously liable for his acts and also . .
CitedFrans Maas (Uk) Ltd v Samsung Electronics (Uk) Ltd ComC 30-Jun-2004
A large volume of mobile phones were stolen from a warehouse. The owner claimed damages from the bailee. The defendant said that standard terms applied limiting their responsibility to value calculated by weight.
Held: There was a bailment . .
CitedMattis v Pollock (T/A Flamingo’s Nightclub) QBD 24-Oct-2002
The claimant sought damages after being assaulted by a doorman employed by the defendant.
Held: The responsibility of the nightclub owner for the actions of his aggressive doorman was not extinguished by the separation in time and place from . .
ConsideredBalfron Trustees Ltd v Peterson CA 2001
The court analysed in detail the decision in Lister v Hesley Hall and continued: ‘All of these passages emphasise the necessity of identifying the duty or responsibility of the employer to the victim. If such a duty or responsibility exists, the . .
CitedCercato-Gouveia v Kiprianou and Another CA 17-Jul-2001
Application for permission to appeal. Granted. An employer might be vicariously liable to one employee for the acts of another employee to whom he had delegated some of his duties to the claimant employee. . .
CitedBernard v The Attorney General of Jamaica PC 7-Oct-2004
PC (Jamaica) The claimant had been queuing for some time to make an overseas phone call at the Post Office. Eventually his turn came, he picked up the phone and dialled. Suddenly a man intervened, announced . .
CitedBrown v Robinson and Sentry PC 14-Dec-2004
(Jamaica) The deceased claimant had been shot by a sentry employed by the respondent company. His estate appealed a finding that the sentry was not acting in the course of his employment.
Held: Older authorities had now been replaced by recent . .
CitedHutchinson v Metropolitan Police Commissioner and Another QBD 27-Jul-2005
The claimant sought damages for assault by a probationary constable. The constable had been called to a drunken party for Sainsbury’s employees.
Held: The claimant had been assaulted. Miss Morgan had introduced herself as a police officer, had . .
CitedMajrowski v Guy’s and St Thomas’ NHS Trust CA 16-Mar-2005
The claimant had sought damages against his employer, saying that they had failed in their duty to him under the 1997 Act in failing to prevent harassment by a manager. He appealed a strike out of his claim.
Held: The appeal succeeded. The . .
CitedMajrowski v Guy’s and St Thomas’ NHS Trust HL 12-Jul-2006
Employer can be liable for Managers Harassment
The claimant employee sought damages, saying that he had been bullied by his manager and that bullying amounting to harassment under the 1997 Act. The employer now appealed a finding that it was responsible for a tort committed by a manager, saying . .
CitedHelen Green v DB Group Services (UK) Ltd QBD 1-Aug-2006
The claimant sought damages from her former employers, asserting that workplace bullying and harassment had caused injury to her health. She had had a long term history of depression after being abused as a child, and the evidence was conflicting, . .
CitedGravil v Carroll and Another CA 18-Jun-2008
The claimant was injured by an unlawful punch thrown by the first defendant when they played rugby. He sought damages also against the defendant’s club, and now appealed from a finding that they were not vicariously liable. The defendant player’s . .
AuthoritativeMaga v The Trustees of The Birmingham Archdiocese of The Roman Catholic Church CA 16-Mar-2010
The claimant appealed against rejection of his claim for damages after alleging sexual abuse by a catholic priest. The judge had found the church not vicariously liable for the injuries, and that the archdiocese had not been under a duty further to . .
CitedWeddall v Barchester Healthcare Ltd CA 24-Jan-2012
Parties appealed against judgments dismissing their claims of vicarious liability as against their employers after assaults by co-employees.
Held: Appeals were dismissed and allowed according to their facts.
In one case, one employee . .
CitedReynolds v Strutt and Parker LLP ChD 15-Jul-2011
The defendant had organised a team bonding day, including a cycling event. The claimant employee was severely injured falling from his cycle. He said that the defendant had been engligent in not providing cycling helmets. The circuit hosting company . .
CitedThe Catholic Child Welfare Society and Others v Various Claimants and The Institute of The Brothers of The Christian Schools and Others SC 21-Nov-2012
Law of vicarious liability is on the move
Former children at the children’s homes had sought damages for sexual and physical abuse. The court heard arguments as to the vicarious liability of the Society for abuse caused by a parish priest visiting the school. The Court of Appeal had found . .
CitedGraham v Commercial Bodyworks Ltd CA 5-Feb-2015
The claimant had been very badly burned. He was covered in flammable liquid when a co-worker lit a cigarette.
Held: The claimant’s appeal failed. ‘although the defendant employers did create a risk by requiring their employees to work with . .
CitedJetivia Sa and Another v Bilta (UK) Ltd and Others SC 22-Apr-2015
The liquidators of Bilta had brought proceedings against former directors and the appellant alleging that they were party to an unlawful means conspiracy which had damaged the company by engaging in a carousel fraud with carbon credits. On the . .
CitedCox v Ministry of Justice SC 2-Mar-2016
The claimant was working in a prison supervising working prisoners. One of them dropped a bag of rice on her causing injury. At the County Curt, the prisoner was found negligence in the prisoner, but not the appellant for vicarious liability. The . .
ConfirmedMohamud v WM Morrison Supermarkets plc SC 2-Mar-2016
The claimant had been assaulted and racially abused as he left a kiosk at the respondent’s petrol station by a member of staff. A manager had tried to dissuade the assailant, and the claim for damages against the supermarket had failed at first . .
CitedArmes v Nottinghamshire County Council SC 18-Oct-2017
The claimant had been abused as a child by foster parents with whom she had been placed by the respondent authority. The court was now asked, the Council not having been negligent, were they in any event liable having a non-delegable duty of care . .

Lists of cited by and citing cases may be incomplete.

Vicarious Liability, Education

Leading Case

Updated: 31 October 2021; Ref: scu.162910

G, Regina (on The Application of) v X School and Others: CA 20 Jan 2010

The claimant was a teaching assistant. A complaint had been made that he had kissed a boy having work experience at the school, but it had been decided that no criminal prosecution would follow. He sought judicial review of the school’s decision to take disciplinary proceedings without allowing him legal representation. The school now appealed against the grant of a review.
Held: The authority’s appeal failed. The result of a finding against the teaching assistant would prevent him working in education. The court doubted, but left open, the power of a local authority to prevent a teacher bringing with him legal assistance. ‘[W]here an individual is subject to two or more sets of proceedings (or two or more phases of a single proceeding), and a ‘civil right or obligation’ enjoyed or owed by him will be determined in one of them, he may (not necessarily will) by force of Article 6 enjoy appropriate procedural rights in relation to any of the others if the outcome of that other will have a substantial influence or effect on the determination of the civil right or obligation. ‘
Article 6 even in its ‘civil’ context, required that the claimant in this context should be afforded the opportunity to arrange for legal representation in those proceedings should he so choose.

Laws LJ, Wilson LJ, Goldring LJ
[2010] EWCA Civ 1, [2010] WLR (D) 4, Times 23-Feb-2010, [2010] ELR 235, [2010] UKHRR 584, [2010] HRLR 13, [2010] Med LR 45, [2010] WLR 2218, [2010] BLGR 207, [2010] 2 All ER 555, [2010] IRLR 222, [2010] 1 WLR 2218
Bailii, WLRD
Sexual Offences Act 2003 16, European Convention on Human Rights 6, Education (Prohibition from Teaching and Working with Children) Regulations 2003 4, Education Act 2002 142
England and Wales
Citing:
CitedFH v Secretary of State for Education CST 7-Feb-2006
The tribunal was not to determine, or re-determine, matters of primary fact. . .
CitedSecretary of State for Children, Schools and Families v JN Admn 9-May-2008
. .
CitedSecretary of State for Children, Schools and Families v Philliskirk Admn 31-Oct-2008
Collins J considered the ability of the Care Standards Tribunal to determine issues of primary fact: ‘Of course, it is right that the Tribunal is reviewing the Secretary of State’s decision, and clearly if it was not a reasonable decision, then the . .
CitedRingeisen v Austria ECHR 16-Jul-1971
The Austrian District and Regional Real Property Transactions Commission refused to approve the sale of a number of plots of land. The applicant challenged the refusal alleging bias and contending that his article 6 rights were violated for that . .
CitedAlbert And Le Compte v Belgium (Article 50) ECHR 24-Oct-1983
The applicants were Belgian nationals and medical practitioners. Dr Le Compte was suspended from practising medicine for two years for an offence against professional discipline. He appealed to the Appeals Council, alleging violations of Article 6. . .
CitedKulkarni v Milton Keynes Hospital NHS Foundation Trust and Others CA 23-Jul-2009
The doctor claimant sought to assert a right to have legal representation in disciplinary proceedings by his employer.
Held: The doctor’s contract entitled him to representation. Also, the claimant’s Article 6 rights to a fair trial and to . .
CitedWright and Others, Regina (on the Application of) v Secretary of State for Health and Another HL 21-Jan-2009
The claimants had been provisionally listed as ‘people considered unsuitable to work with vulnerable adults’ which meant that they could no longer work, but they said they were given no effective and speedy opportunity to object to the listing. . .
CitedLizzarraga v Spain ECHR 2007
The court emphasised the importance of a pragmatic connection between different aspects of a multiple process for the purpose of ascertaining whether Article 6 rights attach to any particular aspect. . .
CitedRuiz-Mateos v Spain ECHR 23-Jun-1993
There had been a court action for the restitution of company shares expropriated by government. An issue as to the constitutionality of a legislative act (Act 7/1983), which was relied on by the government in the expropriation proceedings, was . .
CitedBryan v The United Kingdom ECHR 22-Nov-1995
Bryan was a farmer at Warrington in Cheshire. He built two brick buildings on land in a conservation area without planning permission and the planning authority served an enforcement notice for their demolition. He appealed on grounds (a) (that . .
CitedFleurose v The Securities and Futures Authority Ltd, The Disciplinary Appeal Tribunal of the Securities & Futures Authority Ltd CA 21-Dec-2001
The applicant sought to challenge a decision suspending him from authorisation to act as a financial adviser. He was alleged to have sought to affect the Index of share values in order that his company should not be liable under certain options. He . .
CitedRegina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others HL 9-May-2001
Power to call in is administrative in nature
The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights . .
CitedRuna Begum v London Borough of Tower Hamlets (First Secretary of State intervening) HL 13-Feb-2003
The appellant challenged the procedure for reviewing a decision made as to the suitability of accomodation offered to her after the respondent had accepted her as being homeless. The procedure involved a review by an officer of the council, with an . .
CitedTsfayo v The United Kingdom ECHR 14-Nov-2006
The applicant challenged the prodecures for deciding her appeal against the council’s refusal to pay backdated housing benefits. She complained that the availability of judicial review of the decision was not adequate.
Held: The system did not . .

Cited by:
CitedBotham v The Ministry of Defence QBD 26-Mar-2010
botham_modQBD10
The claimant had been employed by the MOD. He was summarily dismissed for gross misconduct, and he was then placed on the list of persons unsuitable for work with children. He succeeded at the Tribunal in a claim for unfair and wrongful dismissal. . .
CitedG, Regina (on The Application of) v X School SC 29-Jun-2011
The claimant was employed as a teaching assistant. He was suspended after allegations of sexual misbehaviour with boy at the school. He refused to take part in the disciplinary proceedings until the police investigation was concluded. A decision was . .

Lists of cited by and citing cases may be incomplete.

Education, Employment, Human Rights

Updated: 31 October 2021; Ref: scu.393016

Tigere, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills: SC 29 Jul 2015

After increasing university fees, the student loan system was part funded by the government. They introduced limits to the availability of such loans, and a student must have been lawfully ordinarily resident in the UK for three years before the day the academic year begins. The claimant came as a child with her mother some 14 years previously, but did not regularise her immigration status until 2012, and failed to meet the requirement. The Court of Appeal allowed the Secretary of State’s appeal.
Held: The claimant’s appeal succeeded (by a majority) The requirement for Ms Tigere, applying for funding in the form of a student loan for her tertiary education, to be settled in the UK infringed her right under Art 14 of the European Convention on Human Rights not to be discriminated against on the ground of her immigration status. Though respect must be given to a minister’s decision, greater deference was not warranted because the Respondent did not address his mind to the educational rights of students with discretionary or limited leave to remain when making the regulations.
Sumption and Reed LL (Dissenting): ‘it will almost always be possible for the courts to conclude that a more precisely tailored bright line rule might have been devised than the one selected by the body to which the choice has been democratically entrusted and which, unlike the courts, is politically accountable for that choice. . . the courts are not called on to substitute judicial opinions for legislative or executive ones as to the place at which to draw a precise line.’
Sumption and Reed (dissenting) said: ‘In a case where a range of rational and proportionate policy options is open to the decision-maker, the decision which provides the best allocation of scarce resources is a question of social and economic evaluation. These are matters of political and administrative judgment, which the law leaves to those who are answerable to Parliament. They are not questions for a court of law. It is enough to justify the Secretary of State’s choice in this case that discrimination on the basis of residence and settlement are not ‘manifestly without foundation’.’
Lady Hale, Deputy President, Lord Kerr, Lord Sumption, Lord Reed, Lord Hughes
[2015] UKSC 57, [2015] 1 WLR 3820, [2015] ELR 455, [2015] WLR(D) 342, UKSC 2014/0255
Bailii, WLRD, Bailii Summary, SC, SC Summary
European Convention on Human Rights 14, Teaching and Higher Education Act 1998 22, Education (Student Support) Regulations 2011 4(2)
England and Wales
Citing:
CitedKebede and Another, Regina (on The Application of) v Newcastle City Council CA 31-Jul-2013
The claimant challenged refusal by the defendant to provide financial support for his studies. . .
At First InstanceTigere, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills, Student Loans Company Ltd Admn 17-Jul-2014
Challenge to the exclusion of the Claimant from eligibility for a student loan. The claimant said that both the settlement criterion and the lawful ordinary residence criterion constituted unjustified and discriminatory restrictions on her right to . .
Appeal fromTigere, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills CA 31-Jul-2014
Appeal against a decision that the SS’s refusal of a student loan was a breach of the claimant’s human rights.
Held: The Secretary of State’s appeal against the judge’s decision on the settlement criterion was allowed and the appellant’s . .
CitedRegina v Barnet London Borough Council, Ex parte Shah HL 16-Dec-1982
The five applicants had lived in the UK for at least three years while attending school or college. All five were subject to immigration control, four had entered as students with limited leave to remain for the duration of their studies, and the . .
CitedMark v Mark HL 30-Jun-2005
The petitioner sought to divorce her husband. Both were Nigerian nationals, and had married under a valid polygamous marriage in Nigeria. She claimed that the courts had jurisdiction because of her habitual residence here despite the fact that her . .
CitedArogundade, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills CA 16-Jul-2013
. .
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 . .
CitedJames and Others v The United Kingdom ECHR 21-Feb-1986
The claimants challenged the 1967 Act, saying that it deprived them of their property rights when lessees were given the power to purchase the freehold reversion.
Held: Article 1 (P1-1) in substance guarantees the right of property. Allowing a . .
CitedMark v Mark CA 19-Feb-2004
The husband sought to stay divorce proceedings saying that his wife was an illegal overstayer, and could not therefore establish residence either as habitual or as domicile of choice.
Held: Jurisdiction existed. The law since Shah had . .
CitedLeyla Sahin v Turkey ECHR 10-Nov-2005
(Grand Chamber) The claimant, a muslim woman complained that she had not been allowed to attend lectures wearing a headscarf.
Held: Any limitations on the right to an education must not curtail it ‘to such an extent as to impair its very . .
CitedHumphreys v Revenue and Customs SC 16-May-2012
Separated parents shared the care of their child. The father complained that all the Child Tax Credit was given to the mother.
Held: The appeal failed. Although the rule does happen to be indirectly discriminatory against fathers, the . .
CitedKebede and Another v Secretary of State for Business Innovation and Skills Admn 31-Jul-2013
The claimants challenged refusal of financial support for their studies, being immigrants with discretionary leave to remain.
Held: It was submitted ‘ that the provision of a loan to pay fees is one removed from the imposition of fees itself, . .
CitedGogitidze And Others v Georgia ECHR 12-May-2015
‘a wide margin of appreciation is usually allowed to the State under the Convention when it comes to general measures of political, economic or social strategy, and the Court generally respects the legislature’s policy choice unless it is . .
CitedHirst v United Kingdom ECHR 24-Jul-2001
The applicant asserted that the delays in the reviews, undertaken by the Parole Board, of his continued detention as a discretionary life prisoner, was a breach of his right to a speedy decision. The delays were between 21 and 24 months. Such delays . .
CitedHirst v The United Kingdom (No. 2) ECHR 30-Mar-2004
(Commission) The prisoner alleged that the denial of his right to vote whilst in prison was disproportionate. He was serving a life sentence for manslaughter.
Held: The denial of a right to vote was in infringement of his rights and . .
CitedRegina (Bidar) v Ealing London Borough Council and Another ECJ 15-Mar-2005
Europa (Grand Chamber of the Court of Justice of the European Union) Citizenship of the Union – Articles 12 EC and 18 EC – Assistance for students in the form of subsidised loans – Provision limiting the grant of . .
CitedCarson, Regina (on the Application of) v Secretary of State for Work and Pensions; Reynolds v Same HL 26-May-2005
One claimant said that as a foreign resident pensioner, she had been excluded from the annual uprating of state retirement pension, and that this was an infringement of her human rights. Another complained at the lower levels of job-seeker’s . .
CitedSG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions SC 18-Mar-2015
The court was asked whether it was lawful for the Secretary of State to make subordinate legislation imposing a cap on the amount of welfare benefits which can be received by claimants in non-working households, equivalent to the net median earnings . .
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 . .
CitedLord Carlile of Berriew QC, and Others, Regina (on The Application of) v Secretary of State for The Home Department SC 12-Nov-2014
The claimant had supported the grant of a visa to a woman in order to speak to members of Parliament who was de facto leader of an Iranian organsation which had in the past supported terrorism and had been proscribed in the UK, but that proscription . .
CitedBelfast City Council v Miss Behavin’ Ltd HL 25-Apr-2007
Belfast had failed to license sex shops. The company sought review of the decision not to grant a licence.
Held: The council’s appeal succeeded. The refusal was not a denial of the company’s human rights: ‘If article 10 and article 1 of . .
CitedT and Another, Regina (on The Application of) v Secretary of State for The Home Department and Another SC 18-Jun-2014
T and JB, asserted that the reference in certificates issued by the state to cautions given to them violated their right to respect for their private life under article 8 of the Convention. T further claims that the obligation cast upon him to . .
CitedIn re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G HL 18-Jun-2008
The applicants complained that as an unmarried couple they had been excluded from consideration as adopters.
Held: Northern Ireland legislation had not moved in the same way as it had for other jurisdictions within the UK. The greater . .
CitedCorner House Research and Others, Regina (on the Application of) v The Serious Fraud Office HL 30-Jul-2008
SFO Director’s decisions reviewable
The director succeeded on his appeal against an order declaring unlawful his decision to discontinue investigations into allegations of bribery. The Attorney-General had supervisory duties as to the exercise of the duties by the Director. It had . .
CitedBank Mellat v Her Majesty’s Treasury (No 2) SC 19-Jun-2013
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic . .
CitedRJM, Regina (on the Application of) v Secretary of State for Work and Pensions HL 22-Oct-2008
The 1987 Regulations provided additional benefits for disabled persons, but excluded from benefit those who had nowhere to sleep. The claimant said this was irrational. He had been receiving the disability premium to his benefits, but this was . .
CitedAnimal Defenders International v The United Kingdom ECHR 22-Apr-2013
ECHR (Grand Chamber) Article 10-1
Freedom of expression
Refusal of permission for non-governmental organisation to place television advert owing to statutory prohibition of political advertising: no . .
CitedForster v Hoofddirectie van de Informatie Beheer Groep ECJ 18-Nov-2008
Grand Chamber – Freedom of movement for persons – Student who is a national of one Member State and goes to another Member State to follow a training course – Student maintenance grant Citizenship of the Union Article 12 EC Legal certainty
The . .
CitedCatan And Others v Moldova And Russia ECHR 19-Oct-2012
Grand Chamber . .
CitedCarson and Others v The United Kingdom ECHR 16-Mar-2010
(Grand Chamber) The court ruled admissible claims against the United Kingdom by 13 persons entitled to British State pensions for violation of article 14 of the Convention in combination with article 1 of the First Protocol. All the claimants had . .
CitedHumphreys v Revenue and Customs SC 16-May-2012
Separated parents shared the care of their child. The father complained that all the Child Tax Credit was given to the mother.
Held: The appeal failed. Although the rule does happen to be indirectly discriminatory against fathers, the . .
CitedPonomaryov and Others v Bulgaria ECHR 21-Jun-2011
Two boys were born to Russian parents in what became Kazakhstan. After their parents’ divorce, their mother married a Bulgarian and they all came to live in Bulgaria. The mother was granted a permanent residence permit and the boys were entitled to . .
CitedQuila and Another, Regina (on The Application of) v Secretary of State for The Home Department SC 12-Oct-2011
Parties challenged the rule allowing the respondent to deny the right to enter or remain here to non EU citizens marrying a person settled and present here where either party was under the age of 21. The aim of the rule was to deter forced . .
CitedHusenatu Bah v The United Kingdom ECHR 27-Sep-2011
. .

Cited by:
CitedNyoni, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills and Others Admn 4-Dec-2015
. .
CitedSteinfeld and Keidan, Regina (on The Application of) v Secretary of State for International Development (In Substitution for The Home Secretary and The Education Secretary) SC 27-Jun-2018
The applicants, an heterosexual couple wished to enter into a civil partnership under the 2004 Act, rather than a marriage. They complained that had they been a same sex couple they would have had that choice under the 2013 Act.
Held: The . .
CitedBrewster, Re Application for Judicial Review (Northern Ireland) SC 8-Feb-2017
Survivor of unmarried partner entitled to pension
The claimant appealed against the rejection of her claim to the survivor’s pension after the death of her longstanding partner, even though they had not been married. The rules said that she had to have been nominated by her partner, but he had not . .
CitedAB v Her Majesty’s Advocate SC 5-Apr-2017
This appeal is concerned with a challenge to the legality of legislation of the Scottish Parliament which deprives a person, A, who is accused of sexual activity with an under-aged person, B, of the defence that he or she reasonably believed that B . .
CitedA and B, Regina (on The Application of) v Secretary of State for Health SC 14-Jun-2017
The court was asked: ‘Was it unlawful for the Secretary of State for Health, the respondent, who had power to make provisions for the functioning of the National Health Service in England, to have failed to make a provision which would have enabled . .
CitedStott, Regina (on The Application of) v Secretary of State for Justice SC 28-Nov-2018
The prisoner was subject to an extended determinate sentence (21 years plus 4) for 10 offences of rape. He complained that as such he would only be eligible for parole after serving two thirds of his sentence rather than one third, and said that . .

Lists of cited by and citing cases may be incomplete.
Updated: 30 October 2021; Ref: scu.550796

Philips v Bury: PC 1694

A university visitor, acting as a judge has exclusive jurisdiction, and his decision is final in all matters within his jurisdiction.
[1694] EngR 11, [1694] Shower PC 35, (1694) 1 ER 24
Commonlii
Commonwealth
Cited by:
CitedThomas v University of Bradford HL 1987
The lecturer sought an order for the University to comply with what he understood were its own rules. The House considered the availability of a remedy of certiorari in challenging a decision of the University visitors.
Held: A university is . .
CitedRegina v Hull University Visitor, Ex parte Page; Regina v Lord President of the Privy Council ex Parte Page HL 3-Dec-1992
The decisions of University Visitors are subject to judicial review in that they exercise a public function. English law no longer draws a distinction between jurisdictional errors of law and non-jurisdictional errors of law.
However, the . .

Lists of cited by and citing cases may be incomplete.
Updated: 27 October 2021; Ref: scu.392961

Gurol v Bezirksregierung Koln (External Relations): ECJ 7 Jul 2005

Europa EEC-Turkey Association Agreement – Article 9 of Decision No 1/80 of the Association Council – Direct effect – Access to education for children of a Turkish worker duly registered as belonging to the workforce – Children living with their parents – Education grant.
C-374/03, [2005] EUECJ C-374/03
Bailii
European

Updated: 27 October 2021; Ref: scu.228458

New London College Ltd, Regina (on The Application of) v Secretary of State for The Home Department: Admn 7 Apr 2011

The respondent had suspended and revoked the licence of the claimant company to enrol non-EEA students on its courses.
Wyn Williams J
[2011] EWHC 856 (Admin)
Bailii
Immigration Act 1971
England and Wales
Citing:
CitedEnglish UK Ltd, Regina (on The Application of) v Secretary of State for The Home Department Admn 9-Jul-2010
Foskett J interpreted Pankina: ‘The Court of Appeal held that the revised criterion could not be put in place by virtue of a process of issuing guidance. The ratio of the decision appears to me to be that a provision that reflects a substantive . .
CitedSecretary of State for The Home Department v Pankina CA 23-Jun-2010
Each claimant had graduated from a tertiary college and wished to stay on in the UK. They challenged the points based system for assessing elgibility introduced in 2008 after they had commenced their studies. The new rules tightened the criteria for . .
CitedAlvi, Regina (on The Application of) v Secretary of State for The Home Department Admn 25-Oct-2010
The claimant, a 32 year old Pakistani national, had been refused leave to remain as a Tier 2 (General) Migrant worker. He had worked as a physiotherapy assistant, and said that this should have entitled him to 50 points under the assessment system. . .
CitedJoint Council for The Welfare of Immigrants, Regina (on The Application of) v Secretary of State for The Home Department Admn 17-Dec-2010
The claimants challenged the imposition by the defendant of interim limits on (1) the number of applicants for entry clearance who may be issued with visas under Tier 1 (General) of the Points based system (PBS); and (2) the number of certificates . .
See AlsoNew London College Ltd, Regina (on The Application of) v Secretary of State for The Home Department Admn 19-Oct-2010
The claimant sought interim relief in relation to it’s Tier 4 Sponsor Licence (A rating). The Secretary of State through the UK Border Agency had suspended it, jeopardising the business of the claimant, which involved the provision of education to . .

Cited by:
Appeal fromNew London College Ltd, Regina (on the application of) v Secretary of State for the Home Department CA 2-Feb-2012
The court was asked whether the removal of a Tier 4 General (Student) Sponsor Licence issued by UKBA which enabled it to issue a visa letter or confirmation of acceptance of studies to non-EEA students lacked the necessary legislative authority . .
CitedManchester College of Accountancy and Management, Regina (on The Application of) v Secretary of State for The Home Department Admn 1-Mar-2013
The college appealed against the revocation of its Tier 4 General (Student) Sponsor Licence.
Held: The challenge failed: ‘the Defendant was entitled on the evidence to conclude that the Claimant was not properly monitoring its students’ . .

Lists of cited by and citing cases may be incomplete.
Updated: 26 October 2021; Ref: scu.431860

New London College Ltd, Regina (on The Application of) v Secretary of State for The Home Department: Admn 19 Oct 2010

The claimant sought interim relief in relation to it’s Tier 4 Sponsor Licence (A rating). The Secretary of State through the UK Border Agency had suspended it, jeopardising the business of the claimant, which involved the provision of education to students from abroad, those who come from countries other than the European Community.
Cranston J
[2010] EWHC 2701 (Admin)
Bailii
England and Wales
Cited by:
See AlsoNew London College Ltd, Regina (on The Application of) v Secretary of State for The Home Department Admn 7-Apr-2011
The respondent had suspended and revoked the licence of the claimant company to enrol non-EEA students on its courses. . .
Appeal fromNew London College Ltd, Regina (on the application of) v Secretary of State for the Home Department CA 2-Feb-2012
The court was asked whether the removal of a Tier 4 General (Student) Sponsor Licence issued by UKBA which enabled it to issue a visa letter or confirmation of acceptance of studies to non-EEA students lacked the necessary legislative authority . .
At first instanceNew London College Ltd, Regina (on The Application of) v Secretary of State for The Home Department SC 17-Jul-2013
The Court was asked as to: ‘the system for licensing educational institutions to sponsor students from outside the European Economic Area under Tier 4 of the current points-based system of immigration control.’ The appellant’s license to sponsor . .

Lists of cited by and citing cases may be incomplete.
Updated: 26 October 2021; Ref: scu.434933

New London College Ltd, Regina (on The Application of) v Secretary of State for The Home Department: SC 17 Jul 2013

The Court was asked as to: ‘the system for licensing educational institutions to sponsor students from outside the European Economic Area under Tier 4 of the current points-based system of immigration control.’ The appellant’s license to sponsor students had been revoked with no notice. They now appealed saying that the respondent’s Guidance was unlawful insofar as it purported to alter the effect of the stautory Rules but without parliamentary scrutiny.
Held: The appeals failed: ‘The Immigration Act does not prescribe the method of immigration control to be adopted. It leaves the Secretary of State to do that, subject to her laying before Parliament any rules that she prescribes as to the practice to be followed for regulating entry into and stay in the United Kingdom. Different methods of immigration control may call for more or less elaborate administrative infrastructure. It cannot have been Parliament’s intention that the Secretary of State should be limited to those methods of immigration control which required no other administrative measures apart from the regulation of entry into or stay in the United Kingdom. If the Secretary of State is entitled (as she plainly is) to prescribe and lay before Parliament rules for the grant of leave to enter or remain in the United Kingdom which depend upon the migrant having a suitable sponsor, then she must be also be entitled to take administrative measures for identifying sponsors who are and remain suitable, even if these measures do not themselves fall within section 3(2) of the Act. This right is not of course unlimited. The Secretary of State cannot adopt measures for identifying suitable sponsors which are inconsistent with the Act or the Immigration Rules. Without specific statutory authority, she cannot adopt measures which are coercive; or which infringe the legal rights of others (including their rights under the Human Rights Convention); or which are irrational or unfair or otherwise conflict with the general constraints on administrative action imposed by public law.’
Orse R (New London College Ltd) v Secretary of State for the Home Department (Migrants’ Rights Network intervening)
Lord Hope, Deputy President, Lord Clarke, Lord Sumption, Lord Reed, Lord Carnwath
[2013] UKSC 51, [2014] Imm AR 151, [2013] PTSR 995, [2014] INLR 66, [2013] WLR(D) 294, [2013] 4 All ER 195, [2013] 1 WLR 2358, UKSC 2012/0060
Bailii, WLRD, Bailii Summary, SC Summary, SC
Immigration Act 1971 1(2)
England and Wales
Citing:
At first instanceNew London College Ltd, Regina (on The Application of) v Secretary of State for The Home Department Admn 19-Oct-2010
The claimant sought interim relief in relation to it’s Tier 4 Sponsor Licence (A rating). The Secretary of State through the UK Border Agency had suspended it, jeopardising the business of the claimant, which involved the provision of education to . .
Appeal fromNew London College Ltd, Regina (on the application of) v Secretary of State for the Home Department CA 2-Feb-2012
The court was asked whether the removal of a Tier 4 General (Student) Sponsor Licence issued by UKBA which enabled it to issue a visa letter or confirmation of acceptance of studies to non-EEA students lacked the necessary legislative authority . .
CitedWest London Vocational Training College Ltd, Regina (on The Application of) v Secretary of State for The Home Department Admn 16-Jan-2013
. .
CitedMunir and Another, Regina (on The Application of) v Secretary of State for The Home Department SC 18-Jul-2012
The claimants were subject to deportation, but had settled here and begun a family. An earlier concession would have allowed him to stay, but it was withdrawn. The court was now asked whether statements by the Secretary of State of her policy as . .
CitedAlvi, Regina (on The Application of) v Secretary of State for The Home Department SC 18-Jul-2012
The claimant had entered as a student, and then stayed under a work permit. New rules were brought in, and because his occupation as a physiotherapy assistant was not listed, he was not credited with sufficient points for a permit. The Court of . .
CitedOdelola v Secretary of State for the Home Department HL 20-May-2009
The appellant had applied for leave to remain as a postgraduate doctor. Before her application was determined, the rules changed. She said that her application should have been dealt with under the rules applicable at the time of her application. . .
CitedRegina v Secretary of State for Health, ex parte C CA 21-Feb-2000
An extra-statutory database maintained by the Secretary of State of the names of people considered to be unsafe to work with children was lawful. Two competing and genuine interests were to be balanced. The right to pursue employment without being . .
CitedHooper and Others, Regina (on the Application of) v Secretary of State for Work and Pensions HL 5-May-2005
The House was asked whether the payment of widow’s payment and widowed mother’s allowance to women alone discriminated against men.
Held: The Secretary’s appeal succeded. Section 6 of the 1998 Act permitted the discrimination as an existing . .
CitedMO (Nigeria) v Secretary of State for Home Department CA 10-Apr-2008
The claimant appealed refusal of his claim of a right to remain in the UK working as a postgraduate doctor. The rules had changed and there were no transtional provisions.
Held: The claim was to be heard under the new provisions despite the . .
CitedShrewsbury and Atcham Borough Council and Another v Secretary of State for Communities and Local Government and Another CA 4-Mar-2008
The basis of the Crown’s power to exercise certain administrative powers to carry on the ordinary business of government which are not exercises of the royal prerogative and do not require statutory authority, was the Crown’s status as a common law . .

Cited by:
CitedPatel and Others v Secretary of State for The Home Department SC 20-Nov-2013
The court was asked as to the respective duties of the Secretary of State and the First-tier Tribunal, on an appeal against refusal of an application to vary leave to enter or remain under the Immigration Act 1971, and more particularly as to the . .
CitedMajera, Regina (on The Application of v Secretary of State for The Home Department SC 20-Oct-2021
The Court was asked whether the Government (or, indeed, anyone else) can lawfully act in a manner which is inconsistent with an order of a judge which is defective, without first applying for, and obtaining, the variation or setting aside of the . .

Lists of cited by and citing cases may be incomplete.
Updated: 26 October 2021; Ref: scu.512425

Jarvis v Hampshire County Council: CA 23 Nov 1999

A child who did not receive sufficient education appropriate to his disability (dyslexia), did not acquire a right to claim in damages against the education authority. This applies both to claims of misfeasance in public office and in negligence. The authority owed him no direct duty of care. The claim of misfeasance implied dishonesty which would have to be clearly supported.
Times 23-Nov-1999, Gazette 17-Dec-1999
England and Wales
Citing:
Appealed toPhelps v Hillingdon London Borough Council; Anderton v Clwyd County Council; Gower v Bromley London Borough Council; Jarvis v Hampshire County Council HL 28-Jul-2000
The plaintiffs each complained of negligent decisions in his or her education made by the defendant local authorities. In three of them the Court of Appeal had struck out the plaintiff’s claim and in only one had it been allowed to proceed.
Cited by:
Appeal fromPhelps v Hillingdon London Borough Council; Anderton v Clwyd County Council; Gower v Bromley London Borough Council; Jarvis v Hampshire County Council HL 28-Jul-2000
The plaintiffs each complained of negligent decisions in his or her education made by the defendant local authorities. In three of them the Court of Appeal had struck out the plaintiff’s claim and in only one had it been allowed to proceed.
Updated: 23 October 2021; Ref: scu.82500

Between The Attorney-General, At The Relation Of The Inhabitants Of The Town Of Monmouth, Informant, And The Master And Four Wardens Of The Haberdashers’ Company, Defendants: 5 Aug 1828

Provision for giving instruction in writing and arithmetic introduced into a scheme for the administration and management of a Free Grammar School.
[1828] EngR 792, (1827-28) 3 Russ 530, (1828) 38 ER 674
Commonlii
England and Wales

Updated: 22 October 2021; Ref: scu.323556

Woodbridge School v Chittock: CA 27 Jun 2002

A child on a school skiing trip, had been injured whilst skiing on-piste, but unsupervised. The school appealed a finding of liability.
Held: The teachers and supervisors owed the same duty of care as a reasonably careful parent with some knowledge and understanding of the dangers of skiing. Allowance had to be made for the child’s own level of competence and the duties to the rest of the group. There was no duty to ensure his safety against injury from skiing mishaps such as those that might result from his own misjudgment or inadvertence when skiing unsupervised on-piste. The court set out the detailed standard of care owed by a school to its pupils.
Auld LJ said: ‘Where there are a number of options for the teacher as to the manner in which he might discharge that duty, he is not negligent if he chooses one which, exercising the Bolam test (1957] 1 WLR 582), would be within a reasonable range of options for a reasonable teacher exercising that duty of care in the circumstances.’
Lord Justice Auld
Times 15-Jul-2002, Gazette 22-Aug-2002, [2002] EWCA Civ 915, [2003] PIQR P6
Bailii
England and Wales
Cited by:
CitedKearn-Price v Kent County Council CA 30-Oct-2002
The claimant was injured, being hit in the face by a football in a school playground. It was before school started. There had been accidents, and there were rules which had not been enforced. The school appealed a finding of negligence.
Held: . .
CitedConnor v Surrey County Council CA 18-Mar-2010
The claimant teacher said that she suffered personal injury from stress after the board of governors improperly failed to protect her from from false complaints. The Council now appealed against an award of substantial damages.
Held: The . .

Lists of cited by and citing cases may be incomplete.
Updated: 22 October 2021; Ref: scu.174115

Kjeldsen, Busk, Madsen and Peddersen v Denmark: ECHR 7 Dec 1976

The claimants challenged the provision of compulsory sex education in state primary schools.
Held: The parents’ philosophical and religious objections to sex education in state schools was rejected on the ground that they could send their children to state schools or educate them at home. Article 2 of the First Protocol is aimed at preventing state indoctrination, and must be applied in conformity with other articles of the Convention. ‘Article 14 prohibits, within the ambit of the rights and freedoms guaranteed, discriminatory treatment having as its basis or reason a personal characteristic (‘status’) by which persons or groups of persons are distinguishable from each other. However there is nothing in the contested legislation which can suggest that it envisaged such treatment’ and ‘other status’ in Article 14 means a personal characteristic.
ECHR Judgment (Merits) – No violation of P1-2; No violation of Art. 14+P1-2; No violation of Art. 8+P1-2; No violation of Art. 9+P1-2.
5095/71, 5920/72, 5926/72, [1976] ECHR 6, (1976) 1 EHRR 711
Worldlii
European Convention on Human Rights 14
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:
CitedS, Regina (on Application of) v South Yorkshire Police; Regina v Chief Constable of Yorkshire Police ex parte Marper HL 22-Jul-2004
Police Retention of Suspects DNA and Fingerprints
The claimants complained that their fingerprints and DNA records taken on arrest had been retained after discharge before trial, saying the retention of the samples infringed their right to private life.
Held: The parts of DNA used for testing . .
CitedRegina v Secretary of State for Education and Employment and others ex parte Williamson and others HL 24-Feb-2005
The appellants were teachers in Christian schools who said that the blanket ban on corporal punishment interfered with their religious freedom. They saw moderate physical discipline as an essential part of educating children in a Christian manner. . .
CitedHooper and Others, Regina (on the Application of) v Secretary of State for Work and Pensions HL 5-May-2005
The House was asked whether the payment of widow’s payment and widowed mother’s allowance to women alone discriminated against men.
Held: The Secretary’s appeal succeded. Section 6 of the 1998 Act permitted the discrimination as an existing . .
CitedCarson, Regina (on the Application of) v Secretary of State for Work and Pensions; Reynolds v Same HL 26-May-2005
One claimant said that as a foreign resident pensioner, she had been excluded from the annual uprating of state retirement pension, and that this was an infringement of her human rights. Another complained at the lower levels of job-seeker’s . .
CitedFrancis v Secretary of State for Work and Pensions CA 10-Nov-2005
The applicant had sought payment of a ‘Sure Start’ maternity grant. She had obtained a residence order in respect of her sister’s baby daughter who had been taken into care. She said that a payment would have been made to the partner of a mother or . .
CitedAxon, Regina (on the Application of) v Secretary of State for Health and Another Admn 23-Jan-2006
A mother sought to challenge guidelines issued by the respondent which would allow doctors to protect the confidentiality of women under 16 who came to them for assistance even though the sexual activities they might engage in would be unlawful.
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 . .
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 . .
CitedRegina v F CACD 16-Feb-2007
The defendant was charged with offences for having been in possession of a document or record containing information of a kind ‘likely to be useful to a person committing or preparing an act of terrorism’. It was thought he was associated with a . .
CitedAL (Serbia) v Secretary of State for the Home Department; Rudi v Same HL 25-Jun-2008
Each claimant had arrived here with their parents, and stayed for several years. They were excluded from the scheme allowing families who had been here more than three years to stay here, because they had attained 18 and were no longer dependant on . .
CitedCountryside Alliance and others, Regina (on the Application of) v Attorney General and Another HL 28-Nov-2007
The appellants said that the 2004 Act infringed their rights under articles 8 11 and 14 and Art 1 of protocol 1.
Held: Article 8 protected the right to private and family life. Its purpose was to protect individuals from unjustified intrusion . .
CitedRJM, Regina (on the Application of) v Secretary of State for Work and Pensions HL 22-Oct-2008
The 1987 Regulations provided additional benefits for disabled persons, but excluded from benefit those who had nowhere to sleep. The claimant said this was irrational. He had been receiving the disability premium to his benefits, but this was . .
CitedStott, Regina (on The Application of) v Secretary of State for Justice SC 28-Nov-2018
The prisoner was subject to an extended determinate sentence (21 years plus 4) for 10 offences of rape. He complained that as such he would only be eligible for parole after serving two thirds of his sentence rather than one third, and said that . .

Lists of cited by and citing cases may be incomplete.
Updated: 20 October 2021; Ref: scu.164877

Shaw and Another, Regina (on The Application of) v Secretary of State for Education: Admn 14 Aug 2020

‘The claimant disabled children challenge decisions of the defendant Secretary of State by statutory notices and secondary legislation, taken in April, May and June 2020 in the light of the current coronavirus pandemic, to modify and reduce the obligations on local authorities to make statutory educational and health care provision for children and young people with special educational needs and disabilities (SEND) in England.’
Kerr J
[2020] EWHC 2216 (Admin)
Bailii
England and Wales

Updated: 19 October 2021; Ref: scu.653129

Attorney-General v Governors of Harrow School: 26 Jul 1754

Charity jurisdiction – where trustees of a charity have discretionary powers, the court will not interpose unless they act corruptly. Though it may not choose to interpose, it does not follow that an information seeking the court’s interference, will be dismissed; since it may be serviceable to maintain a control over them. Where there is, in point of substance, a visitor, it excludes the general interference of the court either by commission within the 43 Eliz. or its ordinary jurisdiction.
[1754] EngR 159, (1754) Ves Sen Supp 406, (1754) 28 ER 562 (C), [1754] EngR 160, (1754) 2 Ves Sen 551, (1754) 28 ER 351 (B)
Commonlii, Commonlii
England and Wales

Updated: 17 October 2021; Ref: scu.378139