swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Education - From: 2001 To: 2001
This page lists 36 cases, and was prepared on 27 May 2018.
Regina v Birmingham City Council, Ex Parte Youngson (A Child) Times, 09 January 2001
9 Jan 2001
QBD
Education, Benefits
The authority's policy not to make an educational grant unless the parents demonstrated hardship, that financial assistance was unavailable elsewhere, and that no alternative to the educational avenue chosen was available, or that other exceptional circumstances applied, was lawful. In this case the student's need for dancing tuition could be satisfied in a day school with supporting special tuition. The authority had a discretion about such payments, and in this case the discretion had not been exercised ultra vires. Parental preferences had to be balanced against unreasonable burdens on public expenditure.
Education Act 1996 518 - Scolarship and Other Benefits Regulations 1997 No 1443
A's Application for Judicial Review [2001] EWCA Civ 31
18 Jan 2001
CA
Employment, Education
[ Bailii ]
Regina v Secretary of State for the Home Department, ex parte Holub and Another Times, 13 February 2001
13 Feb 2001
CA
Immigration, Human Rights, Education
The right to education of a child under Article 2 of Protocol 1 of the Convention, was not breached by an order enforcing immigration control with the effect of taking away from a good school a child who had become settled there. The Convention gave no right to an education in any particular country, and it would be invidious to try to compare different education systems. Non-absolute human rights are not engaged when a country deals with such issues as immigration control. Having taken account of the child's education in making his decision, that decision could not be faulted for this reason.
European Convention on Human Rights
Dahlab v Switzerland 42393/98 - Admissibility Decision; [2001] ECHR 899
15 Feb 2001
ECHR
Education, Ecclesiastical
The applicant teacher had converted to Islam, and began wearing a headscarf. The local teaching authority had declared that she could not do so in school. The applicant complained that she had not been allowed to manifest her religion. Held: Freedom of thought, conscience and religion, as enshrined by Article 9 of the Convention, represents one of the foundations of a "democratic society" within the meaning of the Convention. In its religious dimension, it is one of the most vital elements that go to make up the identity of believers and their conception of life, but it is also a precious asset for atheists, agnostics, sceptics and the unconcerned. The pluralism indissociable from a democratic society, which has been dearly won over the centuries, depends on it. While religious freedom is primarily a matter of individual conscience, it also implies freedom to manifest one's religion. Bearing witness in words and deeds is bound up with the existence of religious convictions. However: "weighing the right of a teacher to manifest her religion against the need to protect pupils by preserving religious harmony, the Court considers that, in the circumstances of the case and having regard, above all, to the tender age of the children for whom the applicant was responsible as a representative of the State, the Geneva authorities did not exceed their margin of appreciation and that the measure they took was therefore not unreasonable."
European Convention on Human Rights
[ Bailii ]
Regina v Secretary of State for Education and Employment and Another, Ex Parte McNally Times, 23 March 2001; Gazette, 11 May 2001; [2001] EWCA Civ 332
12 Mar 2001
CA
Education, Administrative, Natural Justice
Where the representative of the chief education officer of the local authority had acted in disciplinary proceedings against a teacher, it would be contrary to natural justice for him to exercise his statutory power to retire with the committee who were to deliberate on the outcome of the hearing. The panel had the right to ask the representative to withdraw in certain circumstances. There was no advice he could give to the panel members which would not better have been given in the presence of the teacher. The decision to exclude the representative was not unreasonable.
Education Act 1996 496 97
[ Bailii ]
Regina v Secretary of State for Education and Employment ex parte Liverpool Hope University College [2001] EWCA Civ 362
15 Mar 2001
CA
Education, Judicial Review
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.
Further and Higher Education Act 1982 77 - Teaching and Higher Education Act 1998 39
[ Bailii ]
Dr Anya v University of Oxford and Another; CA 22-Mar-2001 - Times, 04 May 2001; [2001] EWCA Civ 405; [2001] IRLR 377; A1/2000/0293; [2001] ICR 847
Ali v Kirklees Metropolitan Council and Another [2001] EWCA Civ 582; [2001] BLGR 448; [2001] ELR 657
23 Mar 2001
CA
Education
[ Bailii ]
Regina v- Head Teacher of Alperton Community School and others for B (Through His Mother and Litigation friend) [2001] EWHC Admin 229; [2001] EWHC Admin 244
27 Mar 2001
Admn
Education
[ Bailii ] - [ Bailii ]
Regina v Vale of Glamorgan County Council ex parte J; CA 27-Apr-2001 - [2001] EWCA Civ 593; [2001] ELR 758
Ali v Kirklees Metropolitan Borough Council Times, 01 May 2001
1 May 2001
CA
Education, Administrative
A Special Educational Needs Tribunal made a decision, in ignorance of information which had been withheld by the authority, and which it should have disclosed. The parents did not want their son transferred to particular school, because they felt that accidents which had occurred at the present school would recur at the new school. The authority did not disclose such an accident from some several years before. The chairman certified that the information would not have affected the decision. The court held that the lapse of time, and change of circumstances after the accident made it now irrelevant and declined to overturn the decision.
P v National Association of School Masters/Union of Women Teachers Times, 03 May 2001
3 May 2001
QBD
Employment, Education
Action taken by teachers to refuse to teach a disruptive pupil was in the nature of industrial action. Encouragement to take such action by the teachers' union made the union responsible for such action. The breach related to a refusal to comply with the employer's requests as to the manner and circumstances of performance of the employment contract obligations. An accidental failure to ballot each and every union member of staff, was not sufficient to remove the union's exemption of liability where the mistake if corrected would clearly have made no difference to the result of the ballot.
Trade Union and Labour Relations (Consolidation) Act 1992 235A 232B
1 Citers
Lister and Others v Hesley Hall Ltd; HL 3-May-2001 - Times, 10 May 2001; Gazette, 14 June 2001; [2001] UKHL 22; [2002] 1 AC 215; [2001] 2 All ER 769; [2001] 2 FCR 97; (2001) 3 LGLR 49; [2001] NPC 89; [2001] Fam Law 595; [2001] 2 WLR 1311; [2001] IRLR 472; [2001] ICR 665; [2001] Emp LR 819; [2001] 2 FLR 307; [2001] ELR 422
Mabey (A Minor), Regina (on the Application Of) v Southampton City Council [2001] EWCA Civ 820
17 May 2001
CA
Education
[ Bailii ]
P v National Association of School Masters/Union of Women Teachers; CA 25-May-2001 - Times, 25 May 2001; [2001] ICR 1241; [2001] EWCA Civ 652
Regina v Secretary of State for Education and Employment and Others ex parte B, Regina v Same ex parte T, Regina v Same, ex parte C Times, 08 June 2001
8 Jun 2001
QBD
Human Rights, Defamation, Education
The Convention gave a right to a fair reputation which had to be upheld in the law, but the disciplinary procedures within a school independent appeal panel did not directly affect that reputation, and the procedures had been designed to respect the potential for damage, and to provide proper protection. It was not necessary in this case to define the extent of such a right, but the right to a 'fair reputation' was to be preferred to an interpretation protect a 'good reputation.'
European Convention on Human Rights Art 6.1
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 [2001] EWHC Admin 488
2 Jul 2001
Admn
Education
1 Cites
1 Citers
[ Bailii ]
G G for Judicial Review of Decisions By Glasgow City Council To Refuse To Fund Transport Costs [2001] ScotCS 185
11 Jul 2001
SCS
Scotland, Education, Local Government
[ Bailii ]
Nash v Chelsea College of Art and Design; QBD 11-Jul-2001 - Times, 25 July 2001; [2001] EWHC Admin 538
O v Harrow London Borough Council and Another Gazette, 13 September 2001
12 Jul 2001
QBD
Kay J
Education
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.
Education Act 1966 325(1)
1 Cites
1 Citers
W v Gloucestershire County Council and Another; QBD 19-Jul-2001 - Gazette, 19 July 2001; Times, 20 August 2001
W and L v The Governors of B School and The Governors of J School Times, 20 August 2001; [2001] EWCA Civ 1199; [2001] LGR 561
24 Jul 2001
CA
Lord Justice Clarke, Lord Justice Laws, Lord Justice Thorpe
Judicial Review, Education
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.
School Standards and Framework Act 1998 67(3)
1 Cites
1 Citers
[ Bailii ]
Jemchi v Visitor, Brunel University [2001] EWCA Civ 1208
25 Jul 2001
CA
Education
[ Bailii ]
Christine Ball v the Governors of La Retraite Roman Catholic Girlsschool EAT/337/00
26 Jul 2001
EAT
Sir Christopher Bellamy QC
Education, Employment
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
Education (School Teachers' Pay and Conditions) (No. 2) Order 1997 (1997 no. 1789) - School Teachers' Pay and Conditions Act 1991
In the Matter of A (a Child) and O (a Child) [2001] NIEHC 60
20 Aug 2001
NIHC
Northern Ireland, Education, Human Rights
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.
Education (Northern Ireland) Order 1997 - Secondary Schools (Admissions Criteria) Regulations (Northern Ireland) 1997 - European Convention on Human Rights Art 8, 16
[ Bailii ]
Oxfordshire County Council v G B and Others [2001] EWCA Civ 1358; (2002) ELR 8
22 Aug 2001
CA
Lord Justice Aldous, Lord Justice Robert Walker, Lord Justice Sedley
Education, Administrative
When an appeal was lodged against the decision of the Special Educational Needs Tribunal, it was wrong for that Tribunal later to expand on its reasons, save in exceptional circumstances. Parental preference was not an overriding consideration, given the possible substantial costs of providing education in a special school. The tribunal must strike a balance, and see whether the refusal to find the additional costs was unreasonable. The costs should not be compared 'at large', and there is no protean law as to how such costs should be calculated.
Education Act 1996 324(5)
1 Cites
[ Bailii ]
Regina on Application of A v Head Teacher of Penlan School And; Governors of Penlan School and and City and County of Swansea [2001] EWHC Admin 721; [2002] ELR 244
31 Aug 2001
Admn
Mr Justice Hooper
Education, Children, Health and Safety
A school wrote a letter to a child's parents saying that he would be permanently excluded after verbal violence against a teacher. This was said to have followed earlier serious and repeated problems of indiscipline. His appeal was successful, and he was returned to the class The teachers proposed a strike. The head teacher wrote to say that he could not guarantee the child's health and safety at school. The Act only allows exclusion on disciplinary grounds. The reference to health and safety, and the implicit threat amounted to an unlawful exclusion.
School Standards and Framework Act 1998 64(4)
1 Citers
[ Bailii ]
Rhondda Cynon Taff County Borough Council v The Special Educational Needs Tribunal and Others [2001] EWHC Admin 823
23 Oct 2001
Admn
Education
[ Bailii ]
Regina (on the Application of Edwards) v Head Teacher of Whitton High School and Others [2001] EWHC Admin 899
2 Nov 2001
Admn
Nigel Pleming Q. C.
Education
The applicant's son had been excluded from the respondent's school. She sought judicial review of the decision in that insufficient reasons had been given, and the hearing unfair at the Independent Appeal Tribunal. The son was subject to a statement of special educational needs. By the time of the hearing the son had been allocated to another school, and the mother wanted simply to clear his name. Held: Through the procedure the parents had failed to identify which allegations were challenged. Though he was entitled to be treated fairly, he had already put his reputation at risk by his own repeated acts of misbehaviour. Review refused.
School Standards and Framework Act 1998 46-68 - DFEE Circular 10/99
1 Cites
[ Bailii ]
JL v Devon County Council and Another [2001] EWHC 958 (Admin)
12 Nov 2001
Admn
Gibbs J
Education
[ Bailii ]
Regina (Williamson and Others) v Secretary of State for Education and Employment Times, 12 December 2001; [2001] EWHC Admin 960; [2002] ELR 214
15 Nov 2001
Admn
Justice Elias
Education, Children, Human Rights
A genuine religious belief which supported the use of corporal punishment in schools was not itself either a manifestation of religious belief which required protection under the convention, or a religious and philosophical conviction for the purposes of the right to education provisions of article 2. A religiously founded belief that corporal punishment should be imposed was not a philosophical or religious conviction.
European Convention on Human Rights Art 2, 9 - Education Act 1996 548
1 Cites
1 Citers
[ Bailii ]
Graham Atkin v The Governors of the Grove Primary School, Surrey County Council EAT/177/00
15 Nov 2001
EAT
His Honour Judge J Altman
Education, Employment
The claimant had been dismissed for gross misconduct. As a teacher he had drunk alcohol at school, and taken a bottle of wine. His complaint of unfair dismissal had been dismissed, and he appealed that decision, saying the school had departed from proper procedures, that the panels had been chosen in contravention of procedures, and that the allegation was initially of serious misconduct, and only became an allegation of gross misconduct at the hearing. The panel had been chosen by the chairman of governors under procedures designed for urgency, but where in fact time existed to take the decision in accordance with the statutory procedures. The tribunal had erred in law. The tribunal had restricted evidence from witnesses challenging the bias of the head. The appeal succeeded, but in the light of the claimant's own admissions, the compensatory award will be nil, and the basic award calculated at 50%.
EAT Unfair Dismissal - Procedural Fairness
Education (School Government) Regulations 1989 - Education Act 1996 27 - Employment Tribunals (Constitution and Rules of Procedure) Regulations 1993
Regina (on the Application on Denis James Galligan) v the Chancellor Masters and Scholars of the University of Oxford [2001] EWHC Admin 965
22 Nov 2001
Admn
Justice Scott Baker
Education, Administrative
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.
1 Cites
[ Bailii ]
Regina (on the Application of Sivasubramaniam) v Wandsworth County Court [2001] EWHC Admin 1079
13 Dec 2001
Admn
Mr Justice Hooper
Education, Judicial Review
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.
Access to Justice Act 1999 54(1)
1 Citers
[ Bailii ] - [ Bailii ]
O v Harrow London Borough Council Times, 09 January 2002; Gazette, 27 February 2002
18 Dec 2001
CA
Lord Justice Simon Brown, Lord Justice Waller and Lord Justice Sedley
Education
The applicant had appealed to the Special Educational Needs Tribunal. They had remitted the case to the authority for reconsideration, and the applicant again sought to appeal the authority's decision to refuse a statement of special educational need. The Tribunal declined jurisdiction under its rules, and the applicant appealed that order. Held: All that was required to trigger the right of appeal was an assessment and a decision not to make a statement. There was no need to drive the parents to a cumbersome judicial review. The Tribunal had full jurisdiction to decline frivolous applications, but this was not such.
Education Act 1996 325 - Special Educational Needs Tribunal Regulations 1995 (1995 No 3113) 36(2)(a)
1 Cites
1 Citers
University of Leicester Students Union v Commissioners of Customs and Excise Times, 25 January 2002; Gazette, 06 March 2002; [2001] EWCA Civ 1972
21 Dec 2001
CA
Lord Justice Peter Gibson, Lady Justice Arden, And, Mr Justice Morland
VAT, Education
The student Union supplied soft drinks to students. They claimed this was closely associated with education and that activity was therefore exempt from VAT. The Union appealed a decision against them. Held: The University charter did not provide for the Union to be part of its purpose. Though the Union was set up by the University, it was a separate body. The Union was registered for VAT in its own right. The directive sought to align exemptions, but the Union was not itself a body eligible for exemption. The supply of catering to students is a supply of goods or services "closely related" to the provision of education, and student unions are an important part of university life, but they are not eligible bodies within the Act.
Value Added Tax Act 1994 46(2) - Council Directive 77/388/EC Article 13A
1 Cites
[ Bailii ]
