Category: Education

The Board of Trustees of The Maradana Mosque v The Honourable Badi-Ud-Din Mahmud and Another: PC 19 Jan 1966

(Ceylon) the rules of natural justice had been violated.
Where statutory authority was given to a Minister to act if he was satisfied that a school is being administered in a certain way he was not given authority to act because he was satisfied that the school had been administered in that way. It could be said that the Minister had asked himself the wrong question: so he had, but he never brought himself within the area of his jurisdiction.
[1966] UKPC 2, [1966] UKPC 2, [1967] 1 AC 13, [1966] 1 All ER 545, [1966] 2 WLR 921, [1967] 1 AC 645, [1966] 2 All ER 989
Bailii, Bailii
England and Wales
Cited by:
Cited – Anisminic Ltd v Foreign Compensation Commission HL 17-Dec-1968
All Public Law Challenges are For a Nullity
The plaintiffs had owned mining property in Egypt. Their interests were damaged and or sequestrated and they sought compensation from the Respondent Commission. The plaintiffs brought an action for the declaration rejecting their claims was a . .

Lists of cited by and citing cases may be incomplete.
Updated: 17 September 2021; Ref: scu.581040

Secretary of State for Education v CCP Graduate School Ltd: QBD 2 Sep 2021

Claim by the Secretary of State for Education to recover pounds 196,862.50 of tuition fees paid to the Defendant, in respect of 93 students enrolled on courses for a Diploma in the Life Long Learning Sector starting in the Academic Year 2013/14. The tuition fees were paid to CCP by the Student Loans Company (SLC’) but ultimately funded by the Department for Education
Mrs Justice Ma
[2021] EWHC 2432 (QB)
Bailii
England and Wales

Updated: 15 September 2021; Ref: scu.667796

VS and RS v Hampshire County Council: UTAA 4 Aug 2021

There is a qualitative difference between what the First-tier Tribunal is empowered to do in relation to educational provision, where its decisions may create an enforceable right, and its power to make recommendations under the Special Educational Needs and Disability (First-tier Tribunal Recommendations Power) Regulations 2017/1306, whose consequences are limited to requiring the steps set out in those Regulations. The authorities on what is involved in ‘specifying’ provision, helpfully summarised in Worcestershire CC v SE [2020] UKUT 217 (AAC), demonstrate that the requirement to ‘specify’ is to be operated flexibly. Determining what has to be specified in a recommendations case needs to reflect that the First-tier Tribunal is dealing with a matter which is not directly enforceable, where a change in provision would be unappealable and in respect of which the body to whom implementation would fall (in health cases) is not a party before it. Authorities such as E v Rotherham MBC [2001] EWHC Admin 432 cannot simply be read across to apply to the exercise of the recommendations power. While the 2017 Regulations cannot be a panacea for all difficulties which may affect the health and social care needs of, or provision for, a child or young person with Special Educational Needs, recommendations by the specialist panel may nonetheless be helpful, but the opportunity to make them may be undermined if too exacting a legal standard is imposed as to the degree of specificity or evidential foundation required.
[2021] UKUT 187 (AAC)
Bailii
England and Wales

Updated: 15 September 2021; Ref: scu.667708

Bath 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 unavoidable cause’ but the prosecutor’s appeal to the Divisional Court was allowed for the same reasons as in Jenkins v Howels and Crump v. Gilmore, both of which were followed.
Held: The construction placed of this statutory provision in the authorities makes the conclusion inescapable that the circumstances did not give rise to unavoidable cause for the child’s absence from school.
Lord Justice Rose
[1999] ELR 81, [1998] EWHC Admin 1078
Bailii
Education Act 1993 444
England and Wales
Cited by:
Appeal from – Berezovsky and Another v Forbes Inc and Another CA 27-Nov-1998
Where a defamatory article was published in many jurisdictions, there is no rule preventing a plaintiff recovering in those jurisdictions where a remedy is given. Not confined by restriction to most appropriate jurisdiction. . .
Cited – 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’ . .

Lists of cited by and citing cases may be incomplete.
Updated: 14 September 2021; Ref: scu.139199

In the Matter of A (a Child) and O (a Child): NIHC 20 Aug 2001

The two children had each been rejected for admission to the secondary schools of their first choice, by application of that school’s sub-criteria. The regulations governed admissible elements of such criteria. The sub-criteria included evidence of participation in extra curricular activities. The applicants asserted that these were discriminatory, and a breach of the right of poorer children to a proper education. There is no right to a particular form of education or at a particular school, but there is a right not to be discriminated against in the provision of whatever education is provided. In this case there was insufficient evidence to support or test the assertions made, and the applications were refused.
[2001] NIEHC 60
Bailii
Education (Northern Ireland) Order 1997, Secondary Schools (Admissions Criteria) Regulations (Northern Ireland) 1997, European Convention on Human Rights Art 8, 16
Northern Ireland

Updated: 11 September 2021; Ref: scu.166459

Ball v the Governors of La Retraite Roman Catholic Girls School: EAT 26 Jul 2001

The appellant claimed constructive dismissal. She had been engaged as a part time Latin teacher. She was told, after starting, that she would be asked to teach French. Although she was qualified to teach French, she was unhappy at teaching at a junior level. She asked to be given opportunity to discuss this with the head, but the head was busy that day. She resigned. Her work was governed by the Order, which provided that she could be required to provide cover, but she contended that a full year’s work outside her job description was not cover. Had she delayed giving notice, she would herself have been in breach of contract. The decision was vacated, and the matter remitted to another tribunal.
EAT Unfair Dismissal – Re-Engagement
Sir Christopher Bellamy QC
EAT/337/00
Education (School Teachers’ Pay and Conditions) (No. 2) Order 1997 (1997 no. 1789), School Teachers’ Pay and Conditions Act 1991
England and Wales

Updated: 08 September 2021; Ref: scu.168303

Thomas 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 not a public body and its decisions are not subject to judicial review. Where an applicant’s Convention Rights, in particular Art 6, are not engaged then the matters in dispute would presently fall exclusively within the visitorial jurisdiction of the university – subject only to the possibility that any ultimate decision of the Board of Visitors might itself be judicially reviewable. Someone such as a professor may be both office holder and employee.
Lord Griffiths said: ‘the exclusivity of the jurisdiction of the visitor is in English law beyond doubt and established by an unbroken line of authority spanning the last three centuries from Philips v Bury (1694) Skin 447 to Hines v Birkbeck College (1985) 3 All ER 15L.’ and ‘I now turn to consider the scope of the visitatorial jurisdiction. The jurisdiction stems from the power recognised by the common law in the founder of an eleemosynary corporation to provide the laws under which the object of his charity was to be governed and to be sole judge of the interpretation and application of these laws either by himself or by such person as he should appoint as a visitor.’
Lord Griffiths
[1987] 1 AC 795, [1987] 1 All ER 834, [1987] ICR 245, [1987] 2 WLR 677
England and Wales
Citing:
Cited – 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. . .

Cited by:
Remarks Explained – 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 . .

Lists of cited by and citing cases may be incomplete.
Updated: 07 September 2021; Ref: scu.542701

Regina on the Application of S v Head Teacher of Claremont High School; Governing Body of Claremont High School; Independent Appeal Panel of the London Borough of Brent and London Borough of Brent: Admn 2 Jul 2001

[2001] EWHC Admin 488
Bailii
England and Wales
Cited by:
Appeal from – Regina (S) v Brent London Borough Council and Others Regina (T) v Brent and Others Regina (P) v Oxfordshire County Council’s Exclusion Appeals Panel and Another CA 17-May-2002
Three pupils appealed their exclusion from school for violent or threatening behaviour.
Held: The statute imposed clear obligations on the appeal panel to act independently, and to consider both the individual circumstances of the child and . .

Lists of cited by and citing cases may be incomplete.
Updated: 03 September 2021; Ref: scu.140342

Caird v Sime: HL 13 Jun 1887

Literary Property – Professor in a University – Publication – The lecturer had delivered his lecture to a class of students. A speaker has a common law right of property in his speech before it is delivered to the public and may prevent its publication by any one else, but ‘ abandoned his ideas and words to the use of the public at large, or in other words has himself published them.’
Held (rev. Second Division, diss. Lord Fitzgerald) that a professor in a university is entitled to prevent by interdict the publication by any of his students of lectures delivered by him in the ordinary university course.
Per Lord Watson: ‘Where the persons present at a lecture are not the general public, but a limited class of the public, selected and admitted for the sole and special purpose of receiving individual instruction, they may make any use they can of the lecture to the extent of taking it down in shorthand for their own information and improvement, but cannot publish it.’
Observations upon the construction of the Act 5 and 6 Will. IV. cap. 65, entitled ‘an Act for preventing the publication of lectures without consent.’
In a petition in a Sheriff Court by a professor for interdict to prevent the defender publishing a book alleged to be a reproduction of the pursuer’s lectures, the Sheriff-Substitute found, on the evidence, that the book was in substance a reproduction of the lectures, and in law that the defender was not entitled to publish them, and granted interdict. On appeal the case went to the whole Court, with the result that nine judges were of opinion that the book was in substance a reproduction of the lectures, three were of opinion that it was not, whilst the remaining judge reserved his opinion on the point.
On the question whether the pursuer was entitled to interdict, six judges were of opinion that he was, five that he was not, whilst the two remaining judges gave no judgment on the question, holding that the book was not a reproduction of the lectures. The Second Division ( diss. Lord Rutherfurd Clark) then pronounced judgment, finding that the lectures were delivered by the pursuer as part of his course, and that the book complained of was published by the defender, having been compiled by a student who had attended the lectures and taken notes; they then found ‘that such publication did not constitute an infringement of any legal right of property belonging to or vested in the pursuer,’ and refused interdict.
Observed that there was a statutory duty upon the Court under the Judicature Act to insert a finding in fact in the interlocutor expressing the opinion of the majority of the consulted Judges upon the question of infringement.
The appeal was accordingly heard on the merits as if the interlocutor had contained an express finding to the effect that the book complained of was in substance a reproduction of the lectures.
Lord Chancellor (Halsbury), and Lords Watson and Fitzgerald
[1887] UKHL 569, 24 SLR 569, (1887) 12 App Cas 326
Bailii
Scotland
Citing:
Cited – Caird v Sime HL 13-Jun-1887
Literary Property – Professor in a University – Publication – The lecturer had delivered his lecture to a class of students. A speaker has a common law right of property in his speech before it is delivered to the public and may prevent its . .

Cited by:
Cited – Walter v Lane HL 6-Aug-1900
Reporter of Public Speech Owns Copyright I
A reporter attended a speech by Lord Rosebery. His report of the speech was republished in the Times after another journalist who had not been present published a verbatim copy. He claimed a copyright in the work he produced.
Held: The first . .
Cited – Caird v Sime HL 13-Jun-1887
Literary Property – Professor in a University – Publication – The lecturer had delivered his lecture to a class of students. A speaker has a common law right of property in his speech before it is delivered to the public and may prevent its . .

Lists of cited by and citing cases may be incomplete.
Updated: 03 September 2021; Ref: scu.636753

The Attorney-General v The Dean and Canons of Christ Church: CA 28 Mar 1822

Devise to the Dean and Canons of Christ Church in trust to constitute and support a grammar school at P, to appoint a master and usher, and pay them certain salaries; and the Dean and Canons to direct the management of the school.
Held: 1 That the school was to be a free grammar school for teaching the learning languages; 2 That the proper objects were the children of the resident inhabitants of P; 3 That they must be the children of Protestants, and they must be educated according to the principles of the Church of England. 4 The master might take borders and day scholars. 5 That the number of free scholars was to be limited, and in fixing the number the court was guided by the amount of salary originally provided. 6 That the free scholars were to be nominated by the trustees. 7 That the trustees could visit the school at their discretion, and be allowed their reasonable expenses. 8 An augmentation of the salaries of the master and usher made by the trustees, upon an increase of the income of the charity, not allowed to them, the school, through error, not having been devoted to the proper objects.
Sir Thomas Plumer MR held that he did not ‘know how any restriction on [the] power [of the Dean and Canons conferred by the testator to manage a school in Portsmouth and choose persons to be educated there] [could] be introduced’.
Sir Thomas Plumer MR
[1822] EngR 242, (1821-1822) Jac 474, (1822) 37 ER 929
Commonlii
England and Wales
Cited by:
Cited – Lehtimaki and Others v Cooper SC 29-Jul-2020
Charitable Company- Directors’ Status and Duties
A married couple set up a charitable foundation to assist children in developing countries. When the marriage failed an attempt was made to establish a second foundation with funds from the first, as part of W leaving the Trust. Court approval was . .

Lists of cited by and citing cases may be incomplete.
Updated: 25 August 2021; Ref: scu.329135

AA and BA v A Local Authority (SEN): UTAA 2 Mar 2021

This ruling, though on refusal of permission to appeal, is placed on the website in order to draw to the attention of tribunals and practitioners, particularly in those tribunal jurisdictions where it is less frequently encountered, the possible implications of the Practice Direction dated 30 October 2008 by the Senior President of Tribunals, entitled ‘Child, Vulnerable Adult and Sensitive Witnesses’ for participation by those with a visual impairment in hearings conducted online and of the Court of Appeal’s decision in AM (Afghanistan) v Secretary of State for the Home Department [2017] EWCA Civ 1123.
[2021] UKUT 54 (AAC)
Bailii
England and Wales

Updated: 14 August 2021; Ref: scu.666396

JW v Wirral Metropolitan Borough Council (SEN): UTAA 16 Mar 2021

Special educational needs – Upper Tribunal procedure – application for costs – unreasonable conduct in pursuing placement (section I) as an issue outside the scope of the appeal – summary assessment – rule 10 of the Tribunal Procedure (First-tier Tribunal) (HESC) Rules 2008.
[2021] UKUT 70 (AAC)
Bailii
England and Wales

Updated: 12 August 2021; Ref: scu.666398

GOO, EO and others v Secretary of State for the Home Department: CA 1 Jul 2008

The court asked what are the legal consequences if a foreign student who has obtained leave to enter or remain in order to follow a named course embarks on a different course or fails the course examinations?
Held: There was no objection to a student changing his course, but the statutory requirement to provide evidence of satisfactory progress on the course remained.
Lord Justice Sedley, Lord Justice Longmore and Lord Justice Moses
[2008] EWCA Civ 747, Times 23-Jul-2008, [2009] INLR 1, [2008] Imm AR 747
Bailii
England and Wales
Citing:
Leave – GO (Nigeria) and HZ (Iran) v Secretary of State for the Home Department CA 1-Feb-2008
Application for leave to appeal. . .

Lists of cited by and citing cases may be incomplete.
Updated: 11 August 2021; Ref: scu.270531

Girgis, Regina (on The Application of) v Joint Committee On Intercollegiate Examinations: Admn 6 Aug 2021

The following applications required determination following the oral hearing:
The Claimant’s applications for amendment of section 8 of the claim form to include an application for an extension of time of one day, relief from sanctions and the extension of time for filing as sought;
The Defendant’s application for an extension of time for filing its Acknowledgment of Service (‘AoS’) and relief from sanctions;
Subject to being satisfied that a legitimate challenge to the Court’s jurisdiction was engaged:
The Defendant’s application for a stay and a declaration that the court lacks jurisdiction to try the claim by virtue of the application of the Civil Jurisdiction and Justice Act 1982 (the CJJA) and/or the Union with Scotland Act 1706; or
In the alternative, that the court should exercise its discretion to stay this claim based upon the principles of forum non conveniens.
Conclusions
For the reasons that follow, my conclusions on the above applications are:
To grant the Claimant permission to amend, an extension of time to file the claim form;
To grant the Defendant an extension of time for filing the AoS and relief from sanctions;
To accept that there is an extant challenge to the jurisdiction of this Court, but to refuse the Defendant’s application for a declaration and/or stay of proceedings and to permit the Claim to proceed to the permission stage.
His Honour Judge Simon
[2021] EWHC 2256 (Admin)
Bailii
England and Wales

Updated: 11 August 2021; Ref: scu.666522

Clements v Williams: 20 Apr 1837

A schoolmaster has no right to charge for wearing apparel which he has caused to be supplied to a scholar without the sanction, express or implied, of the parent or guardian of such scholar.
[1837] EngR 637, (1837) 8 Car and P 58, (1837) 173 ER 398 (A)
Commonlii
England and Wales

Updated: 09 August 2021; Ref: scu.313754

Durand Academy Trust, Regina (on Application of) v The Office for Standards In Education, Children’ Services and Skills and Another: Admn 11 Aug 2017

His Honour Judge McKenna
[2017] EWHC 2097 (Admin), [2017] ELR 444, [2018] PTSR 604, [2017] ACD 116, [2017] WLR(D) 568
Bailii, WLRD
England and Wales
Cited by:
Appeal from – Durand Education Trust, Regina (on The Application of) v Secretary of State for Education CA 8-Dec-2020
A PSED breach can vitiate an impugned decision or action (‘outcome’), subject to principles of materiality and the statutory test of ‘highly likely: not substantially different’ . .

Lists of cited by and citing cases may be incomplete.
Updated: 07 August 2021; Ref: scu.593608

Durand Education Trust, Regina (on The Application of) v Secretary of State for Education: CA 8 Dec 2020

A PSED breach can vitiate an impugned decision or action (‘outcome’), subject to principles of materiality and the statutory test of ‘highly likely: not substantially different’
[2020] EWCA Civ 1651, [2021] ELR 213
Bailii, Judiciary
England and Wales
Citing:
Appeal from – Durand Academy Trust, Regina (on Application of) v The Office for Standards In Education, Children’ Services and Skills and Another Admn 11-Aug-2017
. .

Cited by:
Cited – Rowley, Regina (on The Application of) v Minister for The Cabinet Office Admn 28-Jul-2021
Failure to Provide Signers was Discriminatory
The claimant challenged the failure of the respondent to provide sign language interpreters to accompany public service broadcasts during the Covid pandemic. The parties agreed that the steps taken for later broadcasts had satisfied the . .

Lists of cited by and citing cases may be incomplete.
Updated: 07 August 2021; Ref: scu.656653

Langley Park School for Girls, Regina (on the Application of) v Bromley London Borough Council: Admn 25 Feb 2009

Wyn Williams J
[2009] EWHC 324 (Admin), [2009] BLGR 509, [2009] JPL 1210
Bailii
England and Wales
Cited by:
Appeal from – Langley Park School for Girls v London Borough of Bromley and Another CA 31-Jul-2009
Appeal against an Order dismissing the Appellant’s application for judicial review of a grant of planning permission by the Respondent to the Interested Party for the demolition of existing school buildings, the retention and refurbishment of . .

Lists of cited by and citing cases may be incomplete.
Updated: 04 August 2021; Ref: scu.314292

Skatteverket v SRF Konsulterna AB: ECJ 10 Jan 2019

Opinion – Reference for a preliminary ruling – Common system of value added tax – Place of taxable transactions – Services offered to taxable persons – Supply of services in respect of admission to educational events – Seminar taking place in a Member State where neither supplier nor participants are established – Seminar requiring advance registration and payment
C-647/17, [2019] EUECJ C-647/17_O
Bailii
European
Cited by:
Opinion – Skatteverket v SRF Konsulterna AB ECJ 13-Mar-2019
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Article 53 – Supply of services in respect of admission to educational events- Place of taxable transactions . .

These lists may be incomplete.
Updated: 16 July 2021; Ref: scu.664486

Skatteverket v SRF Konsulterna AB: ECJ 13 Mar 2019

Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Article 53 – Supply of services in respect of admission to educational events- Place of taxable transactions
ECLI:EU:C:2019:195, [2019] EUECJ C-647/17
Bailii
England and Wales
Citing:
Opinion – Skatteverket v SRF Konsulterna AB ECJ 10-Jan-2019
Opinion – Reference for a preliminary ruling – Common system of value added tax – Place of taxable transactions – Services offered to taxable persons – Supply of services in respect of admission to educational events – Seminar taking place in a . .

These lists may be incomplete.
Updated: 16 July 2021; Ref: scu.665987

Brophy v Attorney-General of Manitoba: PC 1895

The purpose of granting to Roman Catholics the right to funding for separate schools and the right to elect trustees to manage their own schools was to enable the teachings of the Roman Catholic faith to be transmitted to the children of Roman Catholics while educating them in secular subjects: ”It was not doubted that the object of the 1st sub-section of sec. 22 was to afford protection to denominational schools.”
Lord Herschell LC
[1895] AC 202
British North America Act, 1867
Canada
Cited by:
Cited – Regina v Z (Attorney General for Northern Ireland’s Reference) HL 19-May-2005
The defendants appealed their convictions for being members of proscribed organisations. They were members of the ‘Real IRA’, but only the IRA was actually proscribed.
Held: The appeals failed. In construing an Act of Parliament it may be of . .

These lists may be incomplete.
Updated: 15 July 2021; Ref: scu.225198

College of Estate Management v Commissioners of Customs and Excise: ChD 13 Nov 2003

The college appealed a finding that the supply of course manuals to its students was part of its exempt rather than zero-rated supply.
Held: ‘Once it is decided that there is a single supply from an economic view which should not be artificially split, the character of the principal supply must be determined and this in turn determines the character of the supplies of the ancillary supplies.’ There was a single supply of its services as a distance learning college to its students, of the goods and services, its teaching and examination services and the printed matter. This was reflected in the single price paid for all of them. That single supply should not be artificially split into supplies of its component parts. The principal supply in this case was of education and examination services. The supply of the printed matter was a component part of that single supply, not an add-on supply.
The Hon Mr Justice Lightman
[2003] EWHC 2712 (Ch)
Bailii
Value Added Tax Act 1994 S-9 G-6 I-1 I-3
England and Wales
Citing:
Cited – Commissioners of Customs and Excise v Madgett and Baldwin (trading as Howden Court Hotel) ECJ 22-Oct-1998
The court considered the criteria for determining whether the provision to guests by a hotelier of travel services (and in particular transport to and from the hotel and excursions) constituted supply which was ancillary to the supply of . .
Cited – Card Protection Plan Ltd v Commissioners of Customs and Excise HL 6-Feb-2001
The appellants sold a system protecting credit card holders against the consequences of loss or theft. They claimed that it was insurance and exempt from VAT. The commissioners said it was a service and vatable. The card provided a range of services . .
Cited – Faaborg-Gelting Linien v Finanzamt Flensburg ECJ 2-May-1996
A non-takeaway restaurant is a supply of services, and a ferry supply was made from its place of business. The supply of prepared food and drink at a restaurant resulted from a whole series of services (including the preparation and service of the . .
Cited – Commissioners of Customs and Excise v British Telecommunications Plc HL 11-Feb-1999
The cost of the delivery of a quantity of new cars from the factory or depot to the purchaser is incidental and ancillary to the supply of the cars themselves, and the VAT on delivery charges was not reclaimable by the purchasing company as Input . .
Cited – Card Protection Plan Ltd v Commissioners of Customs and Excise ECJ 25-Feb-1999
A company procuring insurance purchases for credit card protection was as exempt from VAT as was the insurer. A provision which restricted the ability to claim such exemption to those registered as insurers under national was invalid under European . .

Cited by:
Appeal from – College of Estate Management v Commissioners of Customs and Excise CA 11-Aug-2004
When offering courses to distance learning students, the College offered materials for the courses. As part of the course this supply would be exempt, as books, the supply would be zero-rated, but the taxpayer would be able to reclaim its VAT . .

These lists may be incomplete.
Updated: 15 July 2021; Ref: scu.187985

In re L (a minor by his father and litigation friend); Regina v Governors of J School, ex parte L: HL 27 Feb 2003

A pupil had been excluded from school, then ordered to be re-instated by the independent appeal panel. The teachers’ union objected to his return to the school. The head-teacher arranged for him to be taught and supervised at school by a non-union teacher in segregated conditions. His parents objected.
Held: The reinstatement order did not seek to control the way in which the headmaster implemented it. ‘Reinstatement’ in a school can accommodate the almost complete segregation of the pupil from the rest of the school community. The head had complied with the order and the parents could not object. (Lords Bingham and Cornhill dissenting)
Bingham of Cornhill, Hoffmann, Hobhouse of Woodborough, Scott of Foscote, Walker of Getsingthorpe
[2003] UKHL 9, Times 06-Mar-2003, Gazette , [2003] 2 AC 633, [2003] BLGR 343, [2003] 2 WLR 518, [2003] 1 FCR 548, [2003] 1 All ER 1012, [2003] ELR 309
House of Lords, Bailii
School Standards and Framework Act 1998 64
England and Wales
Citing:
Appeal from – W and L v The Governors of B School and The Governors of J School CA 24-Jul-2001
Just how a teacher re-incorporated a child within school, after he had first been excluded, but then re-instated by the independent appeal panel, was a matter for the head-teacher, provided only that he could not do so in any way which reflected a . .

Cited by:
Cited – Ali v The Head Teacher and Governors of Lord Grey School CA 29-Mar-2004
The student had been unlawfully excluded from school. The school had not complied with the procedural requirements imposed by the Act.
Held: Though the 1996 Act placed the responsibilty for exclusion upon the local authority, the head and . .
Appealed to – W and L v The Governors of B School and The Governors of J School CA 24-Jul-2001
Just how a teacher re-incorporated a child within school, after he had first been excluded, but then re-instated by the independent appeal panel, was a matter for the head-teacher, provided only that he could not do so in any way which reflected a . .
Cited – Begum, Regina (on the Application of) v Denbigh High School Admn 15-Jun-2004
A schoolgirl complained that she had been excluded from school for wearing a form of attire which accorded with her Muslim beliefs.
Held: The school had made great efforts to establish what forms of wear were acceptable within the moslem . .
Cited – Ali v Head Teacher and Governors of Lord Grey School HL 22-Mar-2006
The claimant had been accused with others of arson to school property. He was suspended for the maximum forty five day period. The school then invited the family to discuss arrangements to return to the school, but the family did not attend. After . .

These lists may be incomplete.
Updated: 17 June 2021; Ref: scu.179610

Siddiqui v The Chancellor, Masters and Scholars of The University of Oxford: QBD 7 Feb 2018

[2018] EWHC 184 (QB)
Bailii
England and Wales
Citing:
See Also – Siddiqui v University of Oxford QBD 2016
Kerr J refused an application for him to recuse himself based inter alia on the fact that counsel for the Defendant before him was a member of his former chambers: ‘It is true that I was a member of the same chambers of Mr Milford until June 2015. . .
See Also – Siddiqui 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 . .

These lists may be incomplete.
Updated: 17 June 2021; Ref: scu.604813

O, Regina (on The Application of) v East Riding of Yorkshire County Council: Admn 11 Mar 2010

The applicant sought judicial review of the decision that having accommodated him at a residential school, the authority was discharged of its duties under the 1989 Act, and that he no longer had ‘looked after’ status.
Cranston J
[2010] EWHC 489 (Admin), [2010] 2 FCR 204, [2010] ELR 318
Bailii
Education Act 1996, Children Act 1989
England and Wales

Updated: 26 March 2021; Ref: scu.402593

Martin and Another v OFSTED; FT 12 Nov 2008

References: [2008] UKFTT 6 (HESC)
Links: Bailii
Ratio Appeal under regulation 12(1) of the Childcare (Early Years and General Childcare Registers)(Common Provisions) Regulations 2008 against the suspension under regulation 8 of their registration as childminders.
Statutes: Childcare (Early Years and General Childcare Registers)(Common Provisions) Regulations 2008 12(1)

Last Update: 23-Apr-16
Ref: 311984

Regina v Secretary of State for Education ex parte Talmud Torah Machzikei Hadass; 12 Apr 1985

References: Times 12-Apr-1985
Coram: Woolf J
The school challenged a decision of the respondent Secretary of State to the effect that it was not providing suitable education with the threatened loss of its accreditation. The teaching was based upon a narrow bible-centred fundamentalism.
Held: Woolf J said: ‘education is ‘suitable’ if it primarily equips a child for life within the community of which he is a member, rather than the way of life in the country as a whole, as long as it does not foreclose the child’s options in later years to adopt some other form of life if he wishes to do so.’ However: ‘the Secretary of State is entitled to regard a particular form of education as being too narrow but the requirements he lays down must not go beyond that which is necessary in his opinion to make the education suitable and he should be sensitive to the traditions of the minority sect and only interfere with them so far as this is necessary to make the school suitable.’

Malnak v Yogi; 2 Feb 1979

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