Category: Education

Slough Borough Council v C, Special Educational Needs and Disability Tribunal: QBD 22 Jul 2004

Appeal by the Council against a decision of the Special Educational Needs and Disability Tribunal relating to ‘IC’, a boy aged 5 years old who has global development delay and associated learning difficulties.
Held: When deciding whether to provide the eduction requested by the parents rather than that specified in the statemen of educational needs, the Authority need look only to the provisions of paragraph 8. Section 316 was not part of the assessment.

Judges:

Mr Justice Richards

Citations:

[2004] EWHC 1759 (Admin), Times 27-Aug-2004

Links:

Bailii

Statutes:

Education Act 1996 sch27p8

Jurisdiction:

England and Wales

Citing:

Cited – Chagos Islanders v Attorney-General and Another CA 22-Jul-2004
The claimants sought leave to appeal against a finding that they had no cause of action for their expulsion from their islands.
Held: ‘Exile without colour of law is forbidden by Magna Carta. That it can amount to a public law wrong is already . .
Lists of cited by and citing cases may be incomplete.

Education

Updated: 11 June 2022; Ref: scu.199486

Regina (Varma) v HRH the Duke of Kent, (Visitor of Cranfield University): QBD 16 Jul 2004

The applicant student was in dispute with his University. He sought to appeal to the University Visitor, who delegated his assessment. The student complained.
Held: The student was entitled to a decision from the Visitor, and a delegation of his duties would not be a fulfillment of his duties. The Visitor’s decision was final, and it was important that it be carried out properly. The student should have been given opportunity to comment on the advice given by the commissioner to the Visitor, though those comments would be limited to points of law.

Judges:

Mr Justice Collins

Citations:

[2004] EWHC 1705 (Admin), Times 23-Jul-2004

Links:

Bailii

Education

Updated: 11 June 2022; Ref: scu.199320

Regina on the Application of MH v the Special Educational Needs and Disability Tribunal, the London Borough of Hounslow: CA 25 Jun 2004

The child was subject to a statement of special educational needs. His parents expressed a preference for one mainstream school, but the authority allocated him to another. The court had been requested to give guidance on the meaning and effect of the sections at issue.
Held: The process for recognising parental choice differed from the system for choosing a mainstream school. Parents had a qualified right to insist on their preference, but if any of the conditions were met, the authority was not bound to specify the same school. The issues arising as to the statement arose only if the parents rights were exhausted, either by unsuitability or incompatibility.

Judges:

Lord Justice May Lord Justice Jonathan Parker Lord Justice Dyson

Citations:

[2004] EWCA Civ 770, Times 08-Jul-2004

Links:

Bailii

Statutes:

Education Act 1996 316 316A

Jurisdiction:

England and Wales

Citing:

Cited – Richardson v Solihull Metropolitan Borough Council Special Educational Needs Tribunal; White v London Borough of Ealing Special Needs Tribunal and Hereford and Worcester County Court v Karen Lane CA 12-Feb-1998
The need to specify the special educational needs for a child did not necessarily mean that any particular school must be nominated, nor even that the need must be met through a school. Whilst the definition of ‘special educational provision’ in . .
Cited – Bromley London Borough Council v Special Educational Needs Tribunal and Others CA 26-May-1999
The needs of a child, as to educational and non-educational overlapped, and accordingly, it was within the discretion of the Special Needs Tribunal to include among the educational needs of a child others within that overlap. Physiological, . .
Lists of cited by and citing cases may be incomplete.

Education

Updated: 11 June 2022; Ref: scu.198411

Flaxman-Binns v Lincolnshire County Council: CA 5 Apr 2004

When looking at whether to lift a stay on an action imposed before the coming into effect of the Civil Procedure Rules, the court should look at each of the items listed in the rule, and should then stand back and look at the overall needs of justice.

Judges:

Lord Justice Clarke Lord Phillips Of Worth Matravers, Mr Lord Justice Jacob

Citations:

[2004] EWCA Civ 424, Times 27-May-2004, [2004] 1 WLR 2232

Links:

Bailii

Statutes:

Civil Procedure Rules 39.2

Jurisdiction:

England and Wales

Citing:

Cited – Woodhouse v Consignia Plc; Steliou v Compton CA 7-Mar-2002
The claimant continued an action brought in her late husband’s name. The action had begun under the former rules. After the new rules came into effect, the action was automatically stayed, since no progress had been made for over a year. Her . .
Cited – La Baguette Ltd and Others v Audergon CA 23-Jan-2002
Judges should be careful not to create judicial checklists which added a gloss to the civil procedure rules. The claimant’s action had been stayed automatically for not having progressed for a year. The judge applied the checklist in Annodeus to . .
Lists of cited by and citing cases may be incomplete.

Education, Professional Negligence, Civil Procedure Rules

Updated: 10 June 2022; Ref: scu.195623

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 school must also follow the rules. The duty on the local authority was a fallback duty. The school had failed to make a decision within the 45 day limit on temporary exclusions. The concession that a head teacher of a publicly maintained school was exercising a public role was correct.

Judges:

Lord Justice Clarke Lord Justice Sedley The President

Citations:

[2004] EWCA Civ 382, Times 09-Apr-2004, Gazette 08-Apr-2004, [2004] QB 1231

Links:

Bailii

Statutes:

European Convention on Human Rights, Education Act 1996 19, School Standards and Framework Act 1998

Jurisdiction:

England and Wales

Citing:

Appeal from – Ali v Head and Governors of Lord Grey School QBD 27-Jun-2003
The claimant had been expelled from school unlawfully, and now sought damages for the breach of his right to an education.
Held: The claimant had received and had refused appropriate offers of alternate schools. The duty was imposed generally . .
Cited – Parochial Church Council of the Parish of Aston Cantlow and Wilmcote with Billesley, Warwickshire v Wallbank and another HL 26-Jun-2003
Parish Councils are Hybrid Public Authorities
The owners of glebe land were called upon as lay rectors to contribute to the cost of repairs to the local church. They argued that the claim was unlawful by section 6 of the 1998 Act as an act by a public authority incompatible with a Convention . .
Cited – Relating to certain aspects of the laws on the use of languages in education in Belgium (Belgian Linguistics) No 2 ECHR 9-Feb-1967
The applicants, parents of more than 800 Francophone children, living in certain (mostly Dutch-speaking) parts of Belgium, complained that their children were denied access to an education in French.
Held: In establishing a system or regime to . .
Cited – Campbell and Cosans v The United Kingdom ECHR 25-Feb-1982
To exclude a child from school for as long as his parents refused to let him be beaten ‘cannot be described as reasonable and in any event falls outside the State’s power of regulation in article 2’. The Convention protects only religions and . .
Mentioned – Whitman v United Kingdom ECHR 4-Oct-1989
Commission decision – a reasonable denial of the right to education does not violate the Convention. . .
Cited – In re L (a minor by his father and litigation friend); Regina v Governors of J School, ex parte L HL 27-Feb-2003
A pupil had been excluded from school, then ordered to be re-instated by the independent appeal panel. The teachers’ union objected to his return to the school. The head-teacher arranged for him to be taught and supervised at school by a non-union . .
Cited – Yanasik v Tukey ECHR 1994
(Commission) A reasonable denial of the right to education does not violate the Convention. . .
Cited – Sulak v Turkey ECHR 1996
(Commission) A reasonable denial of the right to education does not violate the Convention. . .
Cited – Regina v Secretary of State for the Home Department ex parte Anufrijeva HL 26-Jun-2003
The appellant challenged the withdrawal of her benefits payments. She had applied for asylum, and been granted reduced rate income support. A decision was made refusing her claim, but that decision was, by policy, not communicated to her for several . .

Cited by:

Cited – Begum, Regina (on the Application of) v Denbigh High School Admn 15-Jun-2004
A schoolgirl complained that she had been excluded from school for wearing a form of attire which accorded with her Muslim beliefs.
Held: The school had made great efforts to establish what forms of wear were acceptable within the moslem . .
Cited – SB, Regina (on the Application of) v Denbigh High School CA 2-Mar-2005
The applicant, a Muslim girl sought to be allowed to wear the gilbab to school. The school policy which had been approved by Muslim clerics prohibited this, saying the shalwar kameeze and headscarf were sufficient. The school said she was making a . .
Appeal From – Ali v Head Teacher and Governors of Lord Grey School HL 22-Mar-2006
The claimant had been accused with others of arson to school property. He was suspended for the maximum forty five day period. The school then invited the family to discuss arrangements to return to the school, but the family did not attend. After . .
At Court of Appeal – Ali v United Kingdom ECHR 11-Jan-2011
The applicant had been excluded from school after a fire for which he was suspected pending completion of the police enquiry, which extended beyond the maximum allowed. Though the investigation was completed with no action against him, the scholl . .
Lists of cited by and citing cases may be incomplete.

Education, Human Rights

Updated: 10 June 2022; Ref: scu.195018

Bishop 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 would discriminate against his daughter as a Hindu. The Supreme Court upheld his claim, and the Colleges appealed.
Held: The constitution acknowledged the rights to establish church based schools, but also guaranteed against discrimination for religion. The giving of preference to one group of applicants necessarily works to the disadvantage of any group of applicants to whom preference is not given, but differentiation without more is not enough to enable the father to succeed. The differentiation required justification, but no sufficient justification had been put forward. The appeal was dismissed.

Citations:

[2004] UKPC 9

Links:

PC, Bailii, PC, PC

Citing:

Cited – Societe United Docks v Government of Mauritius; Marine Workers Union v Mauritius Marine Authority PC 1985
(Mauritius) Dockworkers and the Ports Authority, submitted their wage dispute to binding arbitration. The award granted a substantial wage increase which the workers then sought to have enforced. The government, brought in legislation allowing the . .
Cited – Matadeen and others v M G C Pointu and others (Mauritius) PC 18-Feb-1998
It is a well recognised canon of construction that domestic legislation, including the Constitution, should if possible be construed so as to conform to international instruments to which the state is party. Lord Hoffmann said: ‘of course persons . .
Cited – Relating to certain aspects of the laws on the use of languages in education in Belgium (Belgian Linguistics) No 2 ECHR 9-Feb-1967
The applicants, parents of more than 800 Francophone children, living in certain (mostly Dutch-speaking) parts of Belgium, complained that their children were denied access to an education in French.
Held: In establishing a system or regime to . .
Cited – Canea Catholic Church v Greece ECHR 16-Dec-1997
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Violation of Art. 14; Not necessary to examine Art. 9; Not necessary to examine P1-1; Not necessary to examine Art. 14; Pecuniary damage – . .
Cited – Carson 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 . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Constitutional, Education

Updated: 09 June 2022; Ref: scu.192650

International Correspondence Schools Limited v Commissioners of Customs and Excise: VDT 2002

Citations:

(2002) VAT Decision 17622

Jurisdiction:

England and Wales

Cited by:

Tribunal Decision – College of Estate Management v Customs and Excise HL 20-Oct-2005
The college supplied educational services by distance learning. The commissioner sought to argue that printe daterials supplied with the course were ancillary and did not have the same exemption form VAT.
Held: The supplies did benefit from . .
Lists of cited by and citing cases may be incomplete.

VAT, Education

Updated: 09 June 2022; Ref: scu.231259

Regina on the Application of G v Westminster City Council: QBD 30 Jan 2004

The child sought review of the respondent’s decision not to provide education other than at one school. He had been suspended, but his father refused to allow him to return complaining of the effects of bullying.
Held: The condition of being bullied, including its effects could not be equated with ‘illness’ as a valid reason under the section. The words ‘or otherwise’ had to be construed widely. There was sufficient ambiguity to justify reference to parliamentary materials, but having made that reference there was no sufficiently clear explanation. Whether it was unreasonable to ask him to return to the school was to be assessed objectively. The father may have acted reasonably in seeking a different school, but the authority’s offer was also reasonable.

Judges:

Lord Justice Dyson, Lady Justice Arden, Lord Phillips Mr

Citations:

Times 05-Feb-2004, [2004] EWCA Civ 45, [2004] 4 All ER 572, [2004] 1 WLR 1113

Links:

Bailii

Statutes:

Education Act 1996 19

Jurisdiction:

England and Wales

Citing:

Cited – Pepper (Inspector of Taxes) v Hart HL 26-Nov-1992
Reference to Parliamentary Papers behind Statute
The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the . .
Cited – McDonnell v Congregation of Christian Brothers Trustees (Formerly Irish Christian Brothers) and others HL 4-Dec-2003
In 2000, the claimant sought damages for sexual abuse from before 1951. The issue was as to whether the limitation law which applied was that as at the date of the incidents, or that which applied as at the date when he would be deemed uner the . .
Lists of cited by and citing cases may be incomplete.

Education

Updated: 09 June 2022; Ref: scu.192282

Regina (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 S (A Minor) v Special Educational Needs Tribunal and Another [1995] 1 WLR 1627, sub nom S v special Educational Needs Tribunal and City of Westminster [1996] ELR 102 and M v Worcestershire County Council and Evans [2002] EWHC 1292 (Admin), [2003] ELR 31. In H v Kent County council and the Special Educational Needs Tribunal [2000] ELR 660, Grigson J stated that what was necessary was that the aggrieved party should be able to identify the basis of the decision. Secondly, a specialist tribunal, such as SENDIST, can use its expertise in deciding issues, but if it rejects expert evidence before it, it should state so specifically. In certain circumstances it may be required to say why it rejects it: see H v Kent County Council, per Grigson J, at para [50]. Thirdly, mere recitation of evidence is no substitute for giving reasons: see L v Devon County Council [2001] EWHC Admin 958, [2001] All ER (D) 155 (Nov), per Gibbs J, at para [50]. Fourthly, and linked to the second point, where the specialist tribunal uses its expertise to decide an issue, it should give the parties an opportunity to comment on its thinking and to challenge it. That is established in the Mental Health Review Tribunal context by R v Mental Health Review Tribunal ex parte Clatworthy [1985] 3 All ER 699, and in the context of this tribunal in M v Worcestershire County Council and Evans.’

Judges:

Beatson J

Citations:

[2003] EWHC 2907 (Admin), [2004] ELR 161

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – 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 . .
Lists of cited by and citing cases may be incomplete.

Education

Updated: 08 June 2022; Ref: scu.189136

Ninni-Orasche v Bundesminister fur Wissenschaft, Verkehr und Kunst: ECJ 6 Nov 2003

ECJ Freedom of movement for workers – Article 48 of the EC Treaty (now, after amendment, Article 39 EC) – Concept of worker – Contract of employment of a short term fixed in advance – Retention of the status of worker after end of employment contract – Conditions for the grant of social advantages within the meaning of Article 7(2) of Regulation (EEC) No 1612/68 – Study finance
‘In order to be treated as a worker, a person must nevertheless pursue an activity which is effective and genuine, to the exclusion of activities on such a small scale as to be regarded as purely marginal and accessory (see, in particular, Levin Case 53/81, paragraph 17, and Meeusen Case 337/97, paragraph 13).’

Judges:

J-P Puissochet, P

Citations:

[2004] All ER (EC) 765, [2003] ECR I-13187, C-413/01, [2003] EUECJ C-413/01

Links:

Bailii

Statutes:

Regulation (EEC) No 1612/68 7(2), Article 39 EC

Cited by:

Cited – Prix v Secretary of State for Work and Pensions SC 31-Oct-2012
The claimant had come from France to England, and worked as a teaching assistant. She set out on a course to train as a teacher but became pregnant, gave up the course, and eventually gave up work temporarily. Her claim to Income Support was refused . .
Cited – X v Mid Sussex Citizens Advice Bureau and Another SC 12-Dec-2012
The appellant was disabled, had legal qualifications, and worked with the respondent as a volunteer. She had sought assistance under the Disability Discrimination Act, now the 2012 Act, saying that she counted as a worker. The tribunal and CA had . .
Lists of cited by and citing cases may be incomplete.

European, Education

Updated: 08 June 2022; Ref: scu.187779

Burbaud v Ministere de l’Emploi et de la Solidarite: ECJ 9 Sep 2003

ECJ Reference for a preliminary ruling: Cour administrative d’appel de Douai – France. Recognition of diplomas – Hospital managers in the public service – Directive 89/48/EEC – Definition of diploma – Entrance examination – Article 48 of the EC Treaty (now, after amendment, Article 39 EC).

Citations:

C-285/01, [2003] EUECJ C-285/01

Links:

Bailii

Jurisdiction:

European

Education

Updated: 08 June 2022; Ref: scu.186323

In re P (a minor by his mother and litigation friend); P v National Association of Schoolmasters/Union of Women Teachers: HL 27 Feb 2003

The pupil had been excluded from school but then ordered to be re-instated. The teachers, through their union, refused to teach him claiming that he was disruptive. The claimant appealed a refusal of an injunction. The injunction had been refused on the basis that this was an employment dispute. The union had failed successfully to ballot all its members at the school.
Held: A trade dispute is a dispute between workers and their employers which relates wholly or mainly to terms and conditions of employment. The court noted a clear mistake in the provisions of the Act relating to ballots, and hoped that it would be corrected. The Act allowed a vote of all members so far as was reasonably practicable.

Judges:

Lord Bingham of Cornhill, Lord Hoffmann, Lord Hobhouse of Woodborough, Lord Scott of Foscote and Walker of Gestingthorpe

Citations:

Times 06-Mar-2003, [2003] UKHL 8, Gazette 01-May-2003, [2003] IRLR 307, [2003] ELR 357, [2003] 1 All ER 993, [2003] ICR 386, [2003] 2 WLR 545, [2003] 2 AC 663

Links:

House of Lords, Bailii

Statutes:

Trade Union and Labour Relations Act 1992 244(1), School Teachers’ Pay and Conditions Act 1991, Education (School Teachers’ Pay and Conditions)(No. 3) Order 2000 (SI 2000/2321)

Jurisdiction:

England and Wales

Citing:

Appeal from – P v National Association of School Masters/Union of Women Teachers CA 25-May-2001
Industrial action taken by teachers refusing to teach a disruptive pupil was related to their terms and conditions of employment. Encouragement to take such action by the teachers’ union made the union responsible for such action. The breach related . .
Cited – British Broadcasting Corporation v Hearn CA 1977
Union members working for the BBC threatened to refuse to transmit its television signal to a satellite over the Indian Ocean during the Cup Final because the satellite broadcast would be receivable in South Africa. The refusal followed a union . .
Cited – Hadmor Productions Ltd v Hamilton HL 1982
The Court of Appeal was not in general entitled to reverse the decision of the Administrative Court in the grant of discretionary interlocutory relief: ‘it is I think appropriate to remind your Lordships of the limited function of an appellate court . .
Cited – Universe Tankships Inc of Monrovia v International Transport Workers Federation HL 1-Apr-1981
A ship belonging to the appellants had been blacked by the defendant union. Negotiations to clear the threat resulted in payment by the appellants to a welfare fund of the defendant. The company sought its refund saying that it had been paid under . .
Cited – Westminster City Council v National Asylum Support Service HL 17-Oct-2002
The applicant sought assistance from the local authority. He suffered from spinal myeloma, was destitute and an asylum seeker.
Held: Although the Act had withdrawn the obligation to provide assistance for many asylum seekers, those who were . .
Cited – London Underground Ltd v National Union of Railwaymen, Maritime and Transport Workers (NURMT) CA 9-Oct-1995
A Union’s immunity from action was not lost where employees who had joined the company after the strike ballot had been completed, were encouraged by the union to join in the strike. The constituency defined in section 227(1) must include all . .
Cited – Pepper (Inspector of Taxes) v Hart HL 26-Nov-1992
Reference to Parliamentary Papers behind Statute
The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the . .
Cited – Mercury Communications Ltd v Scott-Garner CA 1984
To count as a trade dispute, the dispute must ‘relate wholly or mainly’ to terms and conditions of employment and must not merely be ‘connected’ with them. The application of this test requires the court: ‘to consider not merely the occasion which . .
Cited – Hadmor Productions Ltd v Hamilton HL 1982
The Court of Appeal was not in general entitled to reverse the decision of the Administrative Court in the grant of discretionary interlocutory relief: ‘it is I think appropriate to remind your Lordships of the limited function of an appellate court . .
Cited – Post Office v Union of Communication Workers CA 1990
De minimis principle inindustrial relations ballots. . .
Cited – NWL Ltd v Woods HL 1979
The phrase ‘trade dispute’ was defined by reference to (i) the parties to it and (ii) the subject matter. Lord Scarman referred to the legislative history of attempts to regulate strike actions by trades unions: ‘It is wrong to attempt to construe . .
Cited – London Underground Ltd and Others v National Union of Rail, Maritime and Transport Worker CA 16-Feb-2001
When a union gave notice to the employer that it intended to hold a ballot as to industrial action, the union was obliged to give details of the members to be balloted, so as to permit the employer to exercise its own rights. ‘Information as to the . .
Cited – Express Newspapers Ltd v McShane HL 1980
There had been a dispute over pay between the proprietors of local newspapers and journalists employed by them, the majority of whom were members of a trade union, the NUJ. Strike action was taken against the local newspapers. Those newspapers . .
Cited – Blackpool and the Fylde College v Naitonal Association of Teachers In Further and Higher Education CA 23-Mar-1994
A trades union is to tell the employer who is being balloted for strike action. Its notice of industrial action must identify those to be ballotted. . .
Cited – Duport Steels Ltd v Sirs HL 3-Jan-1980
Judiciary must Interpret, not Remedy the Law
The House emphasised the need for courts to be even handed in interpreting statutes dealing with industrial relations. Where the words of the statute are plain and unambiguous, the Court ought to give effect to that plain meaning.
Lord Diplock . .
Cited – British Railways Board v National Union of Railwaymen CA 1989
The court discussed section 11(2) of the 1984 Act: ‘Simplifying that a little bit and reading it with section 11(1), which defines who is qualified and entitled to vote, section 11(2) is saying ‘If you do not allow somebody to vote, if you say ‘You . .
Lists of cited by and citing cases may be incomplete.

Employment, Education

Updated: 07 June 2022; Ref: scu.179611

Barnfather 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 rights.
Held: Although the offence is one of strict liability, there is no reversal of the burden of proof. Article 6(2) has no bearing on the reduction or elimination of mens rea requirements, and is therefore compatible with offences of strict or even absolute liability. The section engaged article 6.2 but was compliant. Authorities should however be careful before exercising their discretion to prosecute.
Elias J said: ‘I recognise that the penalties are small, being only a fine, and that is a factor which can properly be considered when determining whether an offence of strict liability is justified. However, in my opinion there is nonetheless a real stigma attached to being found guilty of a criminal offence of this nature. It suggests either an indifference to one’s children, or incompetence at parenting, which in the case of the blameless parent will be unwarranted.’

Judges:

Mr Justice Elias, The Honourable Mr Justice Mackay

Citations:

[2003] EWHC 418 (Admin), Times 20-Mar-2003, [2003] 1 WLR 2318

Links:

Bailii

Statutes:

Education Act 1996 444(1), European Convention on Human Rights 6.2

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Lambert HL 5-Jul-2001
Restraint on Interference with Burden of Proof
The defendant had been convicted for possessing drugs found on him in a bag when he was arrested. He denied knowing of them. He was convicted having failed to prove, on a balance of probabilities, that he had not known of the drugs. The case was . .
Cited – Regina v Daniel CACD 22-Mar-2002
The defendant appealed a conviction for hiding assets from her receiver following her bankruptcy. He said that recent case law suggested that the burden of establishing the defence under section 352 was evidential only.
Held: The conviction . .
Cited – Matthews v Ministry of Defence HL 13-Feb-2003
The claimant sought damages against the Crown, having suffered asbestosis whilst in the armed forces. He challenged the denial to him of a right of action by the 1947 Act.
Held: Human rights law did not create civil rights, but rather voided . .
Cited – Regina v S (Trade Mark Defence) (Roger Sliney v London Borough of Havering) CACD 20-Nov-2002
The defendant alleged that the offence of which had been convicted, under the 1994 Act, infringed his rights under article 6.2 in reversing the burden of proof.
Held: The principle that the duty of proof lay on the prosecution was subject to . .

Cited by:

Cited – Sutton London Borough Council v S and Another QBD 26-Oct-2004
Parents had had charges brought against them by the appellant for failing to ensure the attendance of their child at school dismissed. The authority appealed.
Held: The authority should have considered more carefully whether it was appropriate . .
Cited – Regina v G (Secretary of State for the Home Department intervening) HL 18-Jun-2008
The defendant was fifteen. He was convicted of statutory rape of a 13 year old girl, believing her to be 15. He appealed saying that as an offence of strict liability he had been denied a right to a fair trial, and also that the offence charged was . .
Cited – London Borough of Sutton v S Admn 26-Oct-2004
The Borough appealed against acquittal by the magistrates of the defendant parent accused of failure to ensure the regular attendance of their child at school. The child had attended only irregularly. The parents had contacted the school and . .
Cited – 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.
Lists of cited by and citing cases may be incomplete.

Education, Crime, Human Rights

Updated: 07 June 2022; Ref: scu.179544

Kearn-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: ‘a school owes to all pupils who are lawfully on its premises the general duty to take such measures to care for their health and safety as are reasonable in all the circumstances. It is neither just nor reasonable to say that a school owes no duty of care at all to pupils who are at school before or after school hours.’ The governing principle is that the school is required to do what is reasonable in all the circumstances. There was a finding by the judge that if the teachers had sought to enforce the ban, the pupils would have taken note. That inference was properly drawn.

Judges:

Lord Justice Dyson, Lord Justice Schiemann, Lady Justice Arden

Citations:

[2002] EWCA Civ 1539

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – 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 . .
Cited – Geyer v Downs and another 1977
(High Court of Australia) A pupil suffered injuries when hit by a softball bat by a fellow pupil at playing the game in the school playground before school. There was no supervision. The jury awarded the appellant damages. The verdict was set aside . .
Cited – Hippolyte v London Borough of Bexley CA 1995
In many cases the trial judge is in a better position than an appellate court to make the correct finding as to inferences from the facts found: ‘It is in my judgment very important to bear in mind that this is an appeal on issues of fact, albeit . .
Cited – 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.
Cited – Wilson v Governors of Sacred Heart Roman Catholic School CA 5-Nov-1997
A nine year old pupil was injured by a fellow pupil whirling an anorak around his head. The accident occurred when they were on their way from the school buildings to the school gates at the end of school day. There was no member of staff on duty to . .
Cited – Saunders v Henry Adderley PC 24-Jun-1998
(Bahamas) In the absence of other recorded reasons for a decision of an appellate court a contemporaneous note taken by junior counsel and exhibited on affidavit would be taken as evidence of the reasons given. When the question is what inferences . .
Lists of cited by and citing cases may be incomplete.

Negligence, Personal Injury, Education

Updated: 06 June 2022; Ref: scu.178400

Boulton and Another, Regina (on the Application of) v Leeds School Organisation Committee: CA 20 Jun 2002

Gilliatt There is nothing to prevent a pupil as well as a parent from being heard by a School Organisation Committee, but it was for the SOC to decide whether to hear oral objections or not. Leave to apply for judicial review granted.

Judges:

Sedley LJ Arden LJ

Citations:

[2002] EWCA Civ 884

Links:

Bailii

Jurisdiction:

England and Wales

Education

Updated: 06 June 2022; Ref: scu.175151

Tina Yasmin Flemming v The Secretary of State for Work and Pensions: CA 10 May 2002

Judges:

Lord Justice Chadwick, Pill LJ, Longmore LJ

Citations:

[2002] EWCA Civ 641, [2002] 1 WLR 2322

Links:

Bailii

Statutes:

Social Security Contributions and Benefits Act 1992 70(3), Social Security (Invalid Care Allowance) Regulations 1976 5

Jurisdiction:

England and Wales

Cited by:

Cited – 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.
Lists of cited by and citing cases may be incomplete.

Benefits, Education

Updated: 06 June 2022; Ref: scu.170304

Liennard 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.
Held: Though the school had acted properly, it had failed to call in specialist help and that would have assisted. Damages were awarded following Blamire.

Judges:

Mr Justice Henriques

Citations:

[2002] EWHC 398 (QB), HQ 9902793

Links:

Bailii

Citing:

Applied – 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 . .
Applied – 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.
Cited – Boyle v Wisman 1855
After parties were enabled to testify in most civil cases by the 1851, the court recognised that the failure of one of them to deny a fact which it is in his power to deny gives colour to the evidence against him. . .
Cited – McQueen v Great Western Rly Co CA 1875
If a prima facie case is made out capable of being displaced, and if the party against whom it is established might by calling particular witnesses and producing particular evidence displace that prima facie case, and he omits to adduce that . .
Cited – Blamire v South Cumbria Health Authority CA 1993
When assessing damages for losses arising through professional negligence by a school, the court arrived at a lump sum representing the loss of the opportunity to gain employment at the end of a successful period of education. The onus of proving . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Education

Updated: 05 June 2022; Ref: scu.168530

Regina (on the Application of Sivasubramaniam) v Wandsworth County Court: Admn 13 Dec 2001

The applicant sought to appeal against a refusal of leave to appeal against an arbitration. There had been some delay for the applicant’s health.
Held: Leave to appeal having been refused there was no further right of appeal under the 1999 Act. A court will not entertain judicial review proceedings where an alternative remedy subsists.

Judges:

Mr Justice Hooper

Citations:

[2001] EWHC Admin 1079

Links:

Bailii, Bailii

Statutes:

Access to Justice Act 1999 54(1)

Cited by:

Appeal from – Sivasubramaniam v Wandsworth County Court, Management of Guildford College of Further and Higher Education and Another CA 28-Nov-2002
Having had various claims made in county courts rejected, the applicant was then refused leave to appeal. He sought judicial review of the refusal to give leave to appeal, and now appealed the refusal of leave to apply for a judicial review.
Applied – Gregory and Gregory v Turner, Turner; Regina (Morris) v North Somerset Council CA 19-Feb-2003
The parties were involved in a boundary dispute. One granted an enduring power of attorney, and sought to appear as a litigant in person through the power.
Held: The right of a litigant in person to represent himself was a personal right, and . .
Applied – Regina on the Application of M v Immigration Appeal Tribunal; Regina (G) v Immigration Appeal Tribunal CA 16-Dec-2004
The appellants sought judicial review of the refusal of asylum. They sought leave to appeal to the Immigration Appeal Tribunal, but that had been refused. They then sought a statutory review by a judge of the Administrative division. That review . .
Applied – Cart, Regina (on The Application of) v The Upper Tribunal and Others CA 23-Jul-2010
The claimant had sought and been refused judicial review of a decision of the SIAC Upper Tribunal. The Upper Tribunals were designated as courts of superior record, and the court at first instance had said that SIACs specialist procedures and . .
Lists of cited by and citing cases may be incomplete.

Education, Judicial Review

Updated: 05 June 2022; Ref: scu.167366

Regina (on the Application on Denis James Galligan) v the Chancellor Masters and Scholars of the University of Oxford: Admn 22 Nov 2001

The applicant was director of the institute for socio-legal studies in Oxford. He made a decision to exclude a lecturer, and now challenged a decision by the University to set up an external enquiry into his decision, after an earlier decision to support the exclusion. The terms of the enquiry risked raising matters which might lead to disciplinary proceedings against the claimant.
Held: The decision had been taken under the Chancellor’s general powers and could not be described as perverse or unreasonable. The claimant would not be put at risk of disciplinary proceedings. A legitimate expectation claim required to establish just what had been promised, whether it intended to act unlawfully with regard to that commitment, and what the court should do. No claim for legitimate expectation arose.

Judges:

Justice Scott Baker

Citations:

[2001] EWHC Admin 965

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v British Broadcasting Corporation ex parte Lavelle 1983
Prerogative remedies are only available to impugn a decision of a tribunal which is performing a public duty. Judicial review is not applicable in a strict master and servant relationship based on private contract of employment as there is no . .
Cited – Regina v London Borough of Newham and Bibi and Al-Nashed CA 26-Apr-2001
The housing authority had mistakenly thought that it was obliged to re-house the applicants under the Act with secure accommodation, and promised them accordingly.
Held: That promise had created a legitimate expectation: ‘In all legitimate . .
Lists of cited by and citing cases may be incomplete.

Education, Administrative

Updated: 05 June 2022; Ref: scu.167272

Regina v Governors of B School, ex parte W: QBD 14 Nov 2000

A requirement that a school child be re-instated in school after exclusion, was a requirement of re-admission to the school, not full re-admission into classes. Re-instatement was not to be given any elaborate meaning. Things could not always be out back just as they were, and provided the child was being educated in the school, it could not be said that she was still excluded. However a blanket refusal by teaching unions and their members to teach the child bordered on irrational.

Citations:

Times 14-Nov-2000, Gazette 23-Nov-2000

Statutes:

School Standards and Framework Act 1998

Jurisdiction:

England and Wales

Education

Updated: 05 June 2022; Ref: scu.88481

Regina v Kirklees Metropolitan Borough Council ex parte Beaumont and others: QBD 22 Nov 2000

Local councillors who sat as governors of one school should not have voted on a motion regarding the closure of a neighbouring school. They had a clear, if indirect, financial interest in the issue and should have declared the interest and declined to vote. Membership of a school governors council was not listed in the Code of Practice, but the Code was not a complete list of interests which might be declarable.

Citations:

Times 22-Nov-2000

Statutes:

National Code of Local Government Conduct (DoE Circular 8/90)

Jurisdiction:

England and Wales

Local Government, Education

Updated: 05 June 2022; Ref: scu.88523

Costello-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.

Citations:

Independent 26-Mar-1993, 13134/87, (1993) 19 EHRR 112, [1993] ECHR 16

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights 3 8 13

Cited by:

Cited – Regina v Sectretary of State for the Home Department ex parte Razgar etc HL 17-Jun-2004
The claimant resisted removal after failure of his claim for asylum, saying that this would have serious adverse consequences to his mental health, infringing his rights under article 8. He appealed the respondent’s certificate that his claim was . .
Cited – 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. . .
Cited – Countryside Alliance and others v HM Attorney General and others Admn 29-Jul-2005
The various claimants sought to challenge the 2004 Act by way of judicial review on the grounds that it was ‘a disproportionate, unnecessary and illegitimate interference with their rights to choose how they conduct their lives, and with market . .
Cited – Keegan v United Kingdom ECHR 18-Jul-2006
The claimant had been the subject of a raid by armed police on his home. The raid was a mistake. He complained that the English legal system, in rejecting his claim had not allowed him to assert that the police action had been disproportionate.
Cited – Quila 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 . .
Lists of cited by and citing cases may be incomplete.

Education, Human Rights

Updated: 04 June 2022; Ref: scu.165258

Campbell and Cosans v The United Kingdom: ECHR 25 Feb 1982

To exclude a child from school for as long as his parents refused to let him be beaten ‘cannot be described as reasonable and in any event falls outside the State’s power of regulation in article 2’. The Convention protects only religions and philosophies which are ‘worthy of respect in a ‘democratic society’ and are not incompatible with human dignity’. The complainants successfully alleged that the system of corporal punishment in Scottish state schools offended their philosophical convictions
ECHR Judgment (Merits) – Violation of P1-2; No violation of Art. 3; Just satisfaction reserved.

Judges:

Mr R Ryssdal P

Citations:

7511/76, 7743/76, (1982) 4 EHRR 293, [1982] ECHR 1

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights 2 9

Jurisdiction:

Human Rights

Citing:

Cited – Relating to certain aspects of the laws on the use of languages in education in Belgium (Belgian Linguistics) No 2 ECHR 9-Feb-1967
The applicants, parents of more than 800 Francophone children, living in certain (mostly Dutch-speaking) parts of Belgium, complained that their children were denied access to an education in French.
Held: In establishing a system or regime to . .

Cited by:

Cited – 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 . .
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 . .
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 – 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. . .
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 . .
See Also – Campbell And Cosans v United Kingdom ECHR 22-Mar-1983
. .
Cited – Johns 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 . .
Cited – AXA General Insurance Ltd and Others v Lord Advocate and Others SC 12-Oct-2011
Standing to Claim under A1P1 ECHR
The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable . .
Cited – Grainger Plc and Others v Nicholson EAT 3-Nov-2009
EAT RELIGION OR BELIEF DISCRIMINATION
A belief in man-made climate change, and the alleged resulting moral imperatives, is capable, if genuinely held, of being a philosophical belief for the purpose of the . .
Cited – Grainger Plc and Others v Nicholson EAT 3-Nov-2009
EAT RELIGION OR BELIEF DISCRIMINATION
A belief in man-made climate change, and the alleged resulting moral imperatives, is capable, if genuinely held, of being a philosophical belief for the purpose of the . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Education

Updated: 04 June 2022; Ref: scu.164891

VK v Norfolk County Council and Another: Admn 17 Dec 2004

When recording the facts, a tribunal should be careful not simply to repeat the evidence heard without making clear which evidence had been accepted and which not.

Judges:

Stanley Burnton J

Citations:

[2004] EWHC 2921 (Admin), [2005] ELR 342

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – K v The School and the Special Needs and Disability Tribunal CA 6-Mar-2007
The child was subject to the school eventually declined to clean and change him. The mother claimed that the school was discriminating.
Held: The mother had understated the frequency of the bowel accidents. The school was not properly equipped . .
Cited – DC v London Borough of Ealing UTAA 11-Jan-2010
Tribunal procedure and practice (including UT) – statements of reasons . .
Lists of cited by and citing cases may be incomplete.

Education

Updated: 04 June 2022; Ref: scu.220356

Jones, 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 parents would have a defence to an accusation of not sending their child to the Welsh language school, there was a duty on the local authority to provide free transport. The alternative was not suitable. The court had ‘no reason to doubt the sense of requiring that transport be made available if otherwise a sanction against truancy would be unenforceable.’

Judges:

Mr Justice Collins

Citations:

[2004] EWHC 1376 (Admin), Times 25-Jun-2004

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Dunnachie v Kingston-upon-Hull City Council HL 15-Jul-2004
The claimant sought damages following his dismissal to include a sum to reflect the manner of his dismissal and the distress caused.
Held: The remarks of Lord Hoffmann in Johnson -v- Unysis were obiter. The court could not, under the section, . .
Cited – Surrey County Council v Ministry of Education 1953
The council had a scheme whereby for those who lived more than the walking distance from a school, only transport from their homes to the walking distance would be free. The scheme failed because transport has to be to and from school. A local . .
Cited – Regina v Vale of Glamorgan County Council ex parte J CA 27-Apr-2001
The applicant sought assistance in getting to school by way of free transport. The education authority refused. He had moved school after racially motivated bullying. He was due to move to secondary school and sought to be sent to another racially . .
Cited – Regina v Devon County Council, ex parte George HL 1989
A child lived 2.8 miles from school. The journey was rural and unlit. Whe he was 8, the education authority withdrew free transport saying it was practicable for a parent to walk with him.
Held: The decision whether to offer support was that . .
Cited – Re Hetherington 1990
The court looked to whether a decision of a superior court was binding when the point had not been argued: ‘In my judgment the authorities clearly establish that even where a decision of a point of law in a particular sense was essential to an . .
Cited – 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 . .
Cited – Regina v Rochdale Metropolitan Borough Council, ex parte Schemet QBD 1993
The court considered the withdrawal of a policy whereby the local authority paid travelling expenses for the attendance of pupils at denominational schools outside the area.
Held: Relief was granted. The authority should have consulted those . .
Cited – Regina v Dyfed County Council Ex Parte S (Minors) QBD 21-Dec-1993
No Judicial Review was available for English speaking children who had allocated to a Welsh speaking school. . .
Cited – Re 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 . .
Cited – Re 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 . .
Cited – Regina v Bedfordshire County Council ex parte DE 1-Jul-1996
. .
Cited – Regina v Dyfed County Council Ex Parte S (Minors) CA 25-Jul-1994
No objection was to be taken for English children sent to mainly Welsh speaking school. They were not entitled to transport to a school with a greater number of English speakers. . .

Cited by:

See Also – Ceredigion County Council v Jones and others HL 23-May-2007
The parties had disputed the provision of free travel to school, and permission had been granted for a leapfrog appeal direct to the House of Lords. The Council then sought instead to take the matter to the Court of Appeal. The claimants said that . .
Lists of cited by and citing cases may be incomplete.

Education, Local Government

Updated: 04 June 2022; Ref: scu.198304

Marchant and Others v Onslow: ChD 12 Nov 1993

School site reverts to original grantors when land is not part of an estate.

Citations:

Times 12-Nov-1993

Statutes:

School Sites Act 1841 2

Jurisdiction:

England and Wales

Cited by:

Disapproved – Fraser and Another v Canterbury Diocesan Board Of Finance (No 1) CA 24-Nov-2000
A grant of land was made under the 1841 Act in 1872 (after the 1870 Act) and the school had in 1874 been transferred to a school board under section 23 of the 1870 Act. The school closed permanently in 1992. The issue was whether reverter had . .
Lists of cited by and citing cases may be incomplete.

Education

Updated: 04 June 2022; Ref: scu.83403

Stephan Max Wirth v Landeshauptstadt Hannover Hannover: ECJ 7 Dec 1993

Europa 1. Courses given in an establishment of higher education which is financed essentially out of public funds do not constitute services within the meaning of Article 60 of the EEC Treaty. Under the first paragraph of Article 60 of the Treaty, the chapter on services covers only services normally provided for remuneration. The essential characteristic of remuneration, which lies in the fact that it constitutes consideration for the service in question, is absent in the case of courses provided in an establishment of higher education which is financed out of public funds and where students pay only enrolment fees. Conversely, courses given in an establishment of higher education which seeks to make an economic profit and which is financed essentially out of private funds, particularly out of payments made by students or their parents, do constitute services within the meaning of Article 60 of the Treaty. 2. Where the courses concerned are followed in an establishment whose activities do not constitute services within the meaning of Article 60 of the Treaty, Articles 59 and 62 of the Treaty do not preclude a Member

Citations:

C-109/92, [1993] EUECJ C-109/92

Links:

Bailii

Statutes:

EEC Treaty Art 60

European, Education

Updated: 01 June 2022; Ref: scu.160907

Kraus v Land Baden-Wurttemberg: ECJ 31 Mar 1993

Diplomas acquired in one member state require may authorisation for use in another state.

Citations:

Times 06-Apr-1993, C-19/92, [1993] EUECJ C-19/92

Links:

Bailii

Cited by:

Cited – Gebhard v Consiglio dell’Ordine degli Avvocati e Procuratori di Milano ECJ 30-Nov-1995
Practice by lawyers in other European jurisdictions were governed by the general principles of freedom of establishment under the Treaty: ‘National measures liable to hinder or make less attractive the exercise of fundamental freedoms guaranteed by . .
Lists of cited by and citing cases may be incomplete.

European, Education

Updated: 01 June 2022; Ref: scu.160852

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 conclusion different to that of the panel. This may involve the use of other arrangements. The panel’s decision did not require a return to the status quo ante, but only that he be no longer excluded. The headmaster’s discretion was his general discretion, and not just that exercised under the Act.

Judges:

Lord Justice Clarke, Lord Justice Laws, Lord Justice Thorpe

Citations:

Times 20-Aug-2001, [2001] EWCA Civ 1199, [2001] LGR 561

Links:

Bailii

Statutes:

School Standards and Framework Act 1998 67(3)

Jurisdiction:

England and Wales

Citing:

Appealed to – In re L (a minor by his father and litigation friend); Regina v Governors of J School, ex parte L HL 27-Feb-2003
A pupil had been excluded from school, then ordered to be re-instated by the independent appeal panel. The teachers’ union objected to his return to the school. The head-teacher arranged for him to be taught and supervised at school by a non-union . .

Cited by:

Appeal from – 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 . .
Lists of cited by and citing cases may be incomplete.

Judicial Review, Education

Updated: 01 June 2022; Ref: scu.159926

Burridge v London Borough of Harrow and others: HL 27 Jan 2000

Parents sought to oblige the education authority to place their child at a school which could satisfy the special needs identified in the statement, and as expressed to be preferred by them. The authority resisted on the ground that it was not an efficient use of resources.
Held: The statute set up separate schemes for special education and the rest, recognising the possible additional costs, and carrying quite different funding arrangements. The remaining provisions allowing for the expression of a preference, did not carry the additional obligations on the local authority. It was proper for the authority to make allowance for the resources available when allocating a school place for the child.

Judges:

Lord Browne-Wilkinson Lord Slynn of Hadley Lord Clyde Lord Saville of Newdigate Lord Millett

Citations:

Times 28-Jan-2000, [2000] UKHL 2, [2000] 1 All ER 876, [2000] 1 WLR 223

Links:

House of Lords, Bailii

Statutes:

Education Act 1996 9 Part IV, Education (Special Educational Needs) Regulations 1994 (S.I. 1994 No. 1047)

Jurisdiction:

England and Wales

Education, Local Government

Updated: 31 May 2022; Ref: scu.159036

T (a Minor), In Re 1997: HL 20 May 1998

The Act obliged a local education authority to provide education for children too ill to attend school. The claimant suffered from ME, and received only five hours support, which the authority proposed to reduce in order to save money. The parents sought judicial review of the authority’s decision, saying they had taken an improper purpose into account, namely the need to save money.
Held: The duty to assist was not qualified under the Act, and the case of Barry was dissimilar. The decision to reduce support was set aside.

Judges:

Lord Browne-Wilkinson, Lord Slynn of Hadley, Lord Nolan, Lord Steyn, Lord Hutton

Citations:

[1998] UKHL 20

Links:

House of Lords, Bailii

Statutes:

Education Act 1996 19 298

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Gloucestershire County Council and Another, Ex Parte Barry HL 21-Mar-1997
The House considered the need when assessing community care provision to include considerations of the cost and resources for care. The case concerned a question about the relevance of cost and arose in the context of a duty to make certain . .
Lists of cited by and citing cases may be incomplete.

Education, Local Government

Updated: 31 May 2022; Ref: scu.158952

Regina v Vale of Glamorgan County Council ex parte J: CA 27 Apr 2001

The applicant sought assistance in getting to school by way of free transport. The education authority refused. He had moved school after racially motivated bullying. He was due to move to secondary school and sought to be sent to another racially mixed school, where again he would need financial assistance for his transport.
Held: The court could not assume the difficulties experienced at the feeder school would recur in the Secondary school. There was confusion as to whether a place was available at the local secondary school. Case law suggested that if a parent would be prosecuted for failing to ensure the child attended school, and the distance was sufficient, then it was right that the authority should provide free transport. In this case however the child was attending his school, and was happy there. It was properly within the Authority’s discretion to refuse to pay.

Judges:

Lord Justice Schiemann, Lord Justice Chadwick, And Sir Christopher Staughton

Citations:

[2001] EWCA Civ 593, [2001] ELR 758

Links:

Bailii

Statutes:

Education Act 1996 411 444 509

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Kent County Council ex parte Corby Admn 14-Feb-1997
. .
Cited – Regina v Devon County Council, ex parte George HL 1989
A child lived 2.8 miles from school. The journey was rural and unlit. Whe he was 8, the education authority withdrew free transport saying it was practicable for a parent to walk with him.
Held: The decision whether to offer support was that . .

Cited by:

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

Education

Updated: 31 May 2022; Ref: scu.147521

Regina v Secretary of State for Education and Employment ex parte Liverpool Hope University College: CA 15 Mar 2001

The college sought judicial review of regulations which precluded it from using in its title the name ‘university’ pending a appropriate order made in the Privy Council. The two name changes within a short period would cause great loss. The conditions which would have allowed non-interruption were impossible to meet. Reference was made to parliamentary materials to see the basis of the regulations issued. The prohibition was to follow the procedure for approval after a reasonable time. The appellant argued that there was a substantive unfairness, even though there was no legitimate expectation created, but the test was still strict, and had not been met.

Citations:

[2001] EWCA Civ 362

Links:

Bailii

Statutes:

Further and Higher Education Act 1982 77, Teaching and Higher Education Act 1998 39

Jurisdiction:

England and Wales

Education, Judicial Review

Updated: 31 May 2022; Ref: scu.147471

Holub 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 educational difficulties.
Held: The case presented at first instance had been factually incorrect. Everyone is entitled to be educated to a minimum standard: if the right was to have any content it should at least encompass the provision of an effective education.

Judges:

Schiemann, Tuckey LJJ, Sir Swinton Thomas

Citations:

[2000] EWCA Civ 343, [2001] 1 WLR 1359, [2001] ELR 401, [2001] Imm AR 282, [2001] INLR 219

Links:

Bailii

Statutes:

European Convention on Human Rights A2P1

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department HL 17-Jun-2004
The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious . .
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 . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Education, Immigration

Updated: 31 May 2022; Ref: scu.147376

Regina v Secretary of State for Education and Employment, Ex Parte Amraf Training Plc: QBD 17 Oct 2000

Although the department had registered a course for an eighty per cent subsidy for trainees, in the absence of knowledge of what fees would be charged, it remained open to the department later to withdraw that recognition when the amounts payable appeared not to represent value for money, and even though students had been accepted onto the course. The existing students had been allowed to complete the course, and the provider offered the opportunity to apply to re-register at a lower course fee, but had refused. Value for money was a relevant factor.

Citations:

Times 17-Oct-2000

Jurisdiction:

England and Wales

Education, Administrative

Updated: 31 May 2022; Ref: scu.87704

Kent County Council v Ashford Borough Council and others: CA 28 Jul 1999

The governors of a voluntary controlled school were not the ratable occupiers of it, but rather the local education authority were. The devolution of a limited range of financial responsibility by the Education Act 1996 did not transfer the occupation or control of the schools.

Judges:

Roch, Sedley LJJ, Lord Lloyd of Berwick

Citations:

Gazette 08-Sep-1999, Times 02-Sep-1999, [1999] EWCA Civ 1999

Links:

Bailii

Statutes:

Local Government Finance Act 1988

Jurisdiction:

England and Wales

Cited by:

Cited – Tallington Lakes Ltd, Regina (on The Application of) v Grantham Magistrates Court Admn 25-Nov-2010
The company appealed against liability orders made against it for non-payment of domestic rates, saying that in each case it had not been the rateable occupier. The property had been subdivided and let to companies of which the appellant was a . .
Lists of cited by and citing cases may be incomplete.

Rating, Education

Updated: 31 May 2022; Ref: scu.146914

Jones, Regina (Y Frenhines Ar Gais) v Cyngor Sir Ddinbych: Admn 12 Aug 2016

(Judgment in Welsh) Application to challenge order for closusure of two primary schools.

Judges:

Jarman J

Citations:

[2016] EWHC 2074 (Admin)

Links:

Bailii

Statutes:

School Standards and Organisation (Wales) Regulations 2013

Jurisdiction:

England and Wales

Cited by:

See Also (in Welsh) – Jones, Regina (on The Application of) v Denbighshire County Council Admn 12-Aug-2016
Challenge to decision to close two primary schools. . .
Lists of cited by and citing cases may be incomplete.

Wales, Education

Updated: 30 May 2022; Ref: scu.568838

Lewis v Carmarthenshire County Council: CA 1953

The primary duty of care of a school toward a pupil ends at the school gate, although the school will have a duty to take reasonable steps to ensure that young children who are not old enough to look after themselves do not leave the school premises unattended.

Citations:

[1953] 1 WLR 1439

Jurisdiction:

England and Wales

Cited by:

Appeal from – Carmarthenshire County Council v Lewis HL 17-Feb-1955
The House considered the unexplained fact that in the temporary absence of the teacher (who, on the evidence, was not negligent) it was possible for a child of four to wander from the school premises onto the highway, through a gate which was either . .
Lists of cited by and citing cases may be incomplete.

Negligence, Education

Updated: 30 May 2022; Ref: scu.223150

Regina (D) v Bromley London Borough Council and Another: CA 18 Sep 2007

D appealed refusal of judicial review of the decision of the independent education appeals panel to exclude him from school without giving hm an opportunity to be heard.
Held: The panel had behaved contrary to natural justice. It should have allowed D to make representations, and should have required the school to give reasons for refusing to readmit him so that he could comment on those reasons.

Judges:

Thorpe LJ, Longmore LJ, Maurice Kay LJ

Citations:

Times 20-Nov-2007

Jurisdiction:

England and Wales

Education

Updated: 29 May 2022; Ref: scu.261776

O v Harrow London Borough Council and Another: QBD 12 Jul 2001

The parents appealed a refusal of the education authority to issue a statement of special needs. The tribunal remitted it to the local authority, who issued a second and similar decision. The parents sought to appeal again. They appealed the refusal of jurisdiction. They argued that the authority’s second decision was de novo and therefore attracted a new right of appeal. The court held that the only right of appeal was as stated in the section, and that the second decision was not a new decision.

Judges:

Kay J

Citations:

Gazette 13-Sep-2001

Statutes:

Education Act 1966 325(1)

Jurisdiction:

England and Wales

Citing:

Appeal To – O v Harrow London Borough Council CA 18-Dec-2001
The applicant had appealed to the Special Educational Needs Tribunal. They had remitted the case to the authority for reconsideration, and the applicant again sought to appeal the authority’s decision to refuse a statement of special educational . .

Cited by:

Appeal from – O v Harrow London Borough Council CA 18-Dec-2001
The applicant had appealed to the Special Educational Needs Tribunal. They had remitted the case to the authority for reconsideration, and the applicant again sought to appeal the authority’s decision to refuse a statement of special educational . .
Lists of cited by and citing cases may be incomplete.

Education

Updated: 29 May 2022; Ref: scu.163312

Regina 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.

Judges:

Maurice Kay J

Citations:

[1999] EWHC Admin 669

Links:

Bailii

Statutes:

Education (Schools) Act 1997

Citing:

See Also – Regina v Secretary of State for Education and Employment ex parte Parkes, Neubert and Begbie Admn 19-Feb-1999
The claimants sought leave to bring a judicial review to oblige the respondent to continue financial support for their schooling, saying the respondent had written to make this promise.
Held: The applicants had an arguable case, and the review . .

Cited by:

Appeal from – 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 . .
Lists of cited by and citing cases may be incomplete.

Education

Updated: 28 May 2022; Ref: scu.139933

Regina v Rotherham Metropolitan Borough Council ex parte Laura Tomlinson, Victoria Clarke, and M K: Admn 17 Jun 1999

Citations:

[1999] EWHC Admin 561

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Regina v Rotherham Metropolitan Borough Council, Ex Parte L T CA 3-Dec-1999
A school admissions policy which gave preference to children within its defined local area was not unlawful or discriminatory, even though the edge of the area extended along the limit of the authority’s responsibility. Such a policy reflected the . .
Lists of cited by and citing cases may be incomplete.

Education

Updated: 28 May 2022; Ref: scu.139825

Regina v Governors of Dunraven School, Ex Parte B (A Child): Admn 24 May 1999

Application for leave to bring judicial review.

Citations:

[1999] EWHC Admin 485

Links:

Bailii

Citing:

Full Hearing – Regina 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:

From Leave – Regina 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

Updated: 28 May 2022; Ref: scu.139749

Guildhall College Ltd, Regina (on The Application of) v Secretary of State for Business Innovation and Skills and Another: CA 17 Jul 2014

Appeal from a decision declining to quash two decisions of the Secretary of State and The Student Loan Company Ltd. The first decision suspended all payment of student loans either to the College or to students attending it. The second decision was to withdraw the designation of two courses offered at the College.

Citations:

[2014] EWCA Civ 986

Links:

Bailii

Jurisdiction:

England and Wales

Education

Updated: 28 May 2022; Ref: scu.534416

X, 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 niqab; second the importance of a uniform policy as promoting ‘uniformity and an ethos of equality and cohesion’; third security; and finally avoiding applying pressure on girls to wear a niqab. ‘ The girl had reached puberty, and it was in accordance with her own genuinely held religious belief that she should wear the niqab if taught by male teachers. Her elder sisters had been allowed to wear the niqab.
Held: The girl’s claim failed. The rule was accessible and precise and had been communicated to the claimant. None of the bodies and people consulted about the policy had said there was a requirement to wear a niqab. The only girl at the shool who had worn the niqab in recent years was the claimant’s elder sister whilst in the sixth form, but the sixth form did not have a uniform policy. Any legitimate expectation was not excluded by the 1998 and 2002 Acts which were merely permissive. The policy was within an area where the school enjoyed a discretion. There was no practice upon which any claim for a legitimate expectation might be based.

Judges:

Silber J

Citations:

[2007] EWHC 298 (Admin), [2008] 1 All ER 249

Links:

Bailii

Statutes:

European Convention on Human Rights 9, Education Act 2002 21(1), School Standards and Framework Act 1998 38(1)

Jurisdiction:

England and Wales

Citing:

Cited – Bradley v Jockey Club QBD 2004
The former jockey sought an injunction to restrain the respondent enforcing a ban it had imposed on him from working as a jockey for five years. The defendant had previously been ruled authoritatively not to be amenable to judicial review in public . .
Cited – Bradley v The Jockey Club CA 12-Jul-2005
The Jockey had been disqualified from riding for five years for breaches of the club’s rules. He said the punishment was disproportionate in effectively preventing him working for a living.
Held: The appeal failed, and the judge’s analysis was . .
Cited – Regina v Camden London Borough Council Ex Parte Cran and Others QBD 25-Jan-1995
A designation of an area as a controlled parking area was vitiated by the failure of the Local Authority to consult locally. The court expanded on the principles for consultation set out in Gunning: ‘What kind and amount of consultation is required . .
Cited – Konttinen 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 . .
Cited – Valsamis 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 . .
Cited – Sahin And Surgec v Turkey ECHR 31-Oct-2006
‘The court reiterates its settled case-law that the expression ‘prescribed by law’ requires first that the impugned measure should have a basis in domestic law. It also refers to the quality of the law in question, requiring that it be accessible to . .
Cited – Stedman v United Kingdom ECHR 9-Apr-1997
(Commission) The applicant alleged that her dismissal for refusal to work on Sundays constituted a violation of her freedom to manifest her religion in worship, practice and observance, contrary to Article 9.
Held: The Commission first had to . .
Cited – 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 . .
Cited – 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. . .
Cited – Jewish 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 . .
Cited – Regina (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 . .
Cited – Bradley v Jockey Club QBD 2004
The former jockey sought an injunction to restrain the respondent enforcing a ban it had imposed on him from working as a jockey for five years. The defendant had previously been ruled authoritatively not to be amenable to judicial review in public . .
Cited – Samaroo 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 . .
Cited – Leyla 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 . .
Cited – Council 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 . .
Cited – Regina (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 . .
Cited – Matadeen and others v M G C Pointu and others (Mauritius) PC 18-Feb-1998
It is a well recognised canon of construction that domestic legislation, including the Constitution, should if possible be construed so as to conform to international instruments to which the state is party. Lord Hoffmann said: ‘of course persons . .

Cited by:

Cited – Watkins-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 . .
Lists of cited by and citing cases may be incomplete.

Education, Discrimination, Human Rights

Updated: 28 May 2022; Ref: scu.248949

C v Special Educational Needs Tribunal and Others: Admn 3 Nov 1998

Statutory appeal against a decision of the Special Educational Needs Tribunal concerning a statement of Special Educational Needs in respect of C who was 16 years old. C had emotional and behavioural difficulties since he was at primary school. These have resulted in his exclusion from two mainstream secondary schools.

Judges:

Richards J

Citations:

[1999] Ed CR 625, [1998] EWHC Admin 1029, [1999] ELR 5

Links:

Bailii

Education

Updated: 27 May 2022; Ref: scu.139150