swarb.co.uk - law index
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Education - From: 2003 To: 2003
This page lists 35 cases, and was prepared on 27 May 2018.
E v London Borough of Newham and Another [2003] EWCA Civ 9
20 Jan 2003
CA
Schiemann, Hale, Jonathan Parker LJJ
Education
[ Bailii ]
Ipsea Ltd, Regina (on the Application Of) v Secretary of State for Education and Skills [2003] EWCA Civ 7
20 Jan 2003
CA
Lord Justice Jonathan Parker, Lady Justice Hale, Lord Justice Schiemann
Education
[ Bailii ]
DM and KC v Essex County Council, Special Educational Needs Tribunal [2003] EWHC 135 (Admin)
30 Jan 2003
Admn
Education
[ Bailii ]
D, Regina (on the Application Of) v Special Educational Needs Tribunal [2003] EWHC 244 (Admin)
4 Feb 2003
Admn
Education
[ Bailii ]
F, Regina (on the Application Of) v Head Teacher of Addington High School and others [2003] EWHC 228 (Admin)
5 Feb 2003
Admn
Education, Legal Professions, Costs
[ Bailii ]
V, Regina (on the Application of) v Cumbria County Council [2003] EWHC 232 (Admin)
7 Feb 2003
Admn
Education
[ Bailii ]
Regina (M) v Inner London Crown Court Times, 27 February 2003; [2003] EWHC 301 (Admin); [2003] 1 FLR 994
10 Feb 2003
QBD
Rose LJ, Henriques J
Criminal Sentencing, Human Rights, Education, Crime
The applicant's daughter had been convicted of a petty assault, and she had herself been made subject of a twelve month parenting order. She appealed. Held: Parenting orders are proper within a democratic society, and do not infringe a parent's right to respect for family life. Nevertheless, no responsible bench could have made such an order in this case.
European Convention on Human Rights 8
1 Citers
[ Bailii ]
In re P (a minor by his mother and litigation friend); P v National Association of Schoolmasters/Union of Women Teachers Times, 06 March 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
27 Feb 2003
HL
Lord Bingham of Cornhill, Lord Hoffmann, Lord Hobhouse of Woodborough, Lord Scott of Foscote and Walker of Gestingthorpe
Employment, Education
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.
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)
1 Cites
[ House of Lords ] - [ Bailii ]
In re L (a minor by his father and litigation friend); Regina v Governors of J School, ex parte L [2003] UKHL 9; Times, 06 March 2003; Gazette,; [2003] 2 AC 633; [2003] BLGR 343; [2003] 2 WLR 518; [2003] 1 FCR 548; [2003] 1 All ER 1012; [2003] ELR 309
27 Feb 2003
HL
Bingham of Cornhill, Hoffmann, Hobhouse of Woodborough, Scott of Foscote, Walker of Getsingthorpe
Education
A pupil had been excluded from school, then ordered to be re-instated by the independent appeal panel. The teachers' union objected to his return to the school. The head-teacher arranged for him to be taught and supervised at school by a non-union teacher in segregated conditions. His parents objected. Held: The reinstatement order did not seek to control the way in which the headmaster implemented it. 'Reinstatement' in a school can accommodate the almost complete segregation of the pupil from the rest of the school community. The head had complied with the order and the parents could not object. (Lords Bingham and Cornhill dissenting)
School Standards and Framework Act 1998 64
1 Cites
1 Citers
[ House of Lords ] - [ Bailii ]
M v Special Educational Needs and Disability Tribunal [2003] EWHC 482 (Admin)
4 Mar 2003
Admn
Education
[ Bailii ]
Barnfather v London Borough of Islington Education Authority, Secretary of State for Education and Skills [2003] EWHC 418 (Admin); Times, 20 March 2003; [2003] 1 WLR 2318
7 Mar 2003
QBD
Mr Justice Elias, The Honourable Mr Justice Mackay
Education, Crime, Human Rights
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."
Education Act 1996 444(1) - European Convention on Human Rights 6.2
1 Cites
1 Citers
[ Bailii ]
Khundakji and Another, Regina (on the Application of) v Admissions Appeal Panel of Cardiff County Council and Another [2003] EWHC 436 (Admin)
13 Mar 2003
Admn
Education
[ Bailii ]
Wandsworth v K and Another [2003] EWHC 1424 (Admin)
19 Jun 2003
Admn
Education
[ Bailii ]
Campbell, Regina (on the Application Of) v London Borough of Brent [2003] EWHC 1590 (Admin)
24 Jun 2003
Admn
Education
[ Bailii ]
Tottman, Regina (on the Application of) v Hertfordshire County Council [2003] EWHC 1725 (Admin)
26 Jun 2003
Admn
Education
[ Bailii ]
Ali v Head and Governors of Lord Grey School Times, 14 August 2003; Gazette, 11 September 2003; [2003] EWHC 1533 (QB); [2003] 4 All ER 1317
27 Jun 2003
QBD
Stanley Burnton J
Education, Human Rights
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 on the state, not on any particular school. If the unavailablity of education was the fault of inaction of the local authority, then it would be responsible, but if the parents refused an alternative school, no claim for damages could lie, and the question of whether the expulsion was unlawful was not relevant.
European Convention on Human Rights P1A2 - Human Rights Act 1998 8 - Education (School Government) (Terms of Reference) (England) Regulations 2000
1 Citers
J, Regina (on the Application Of) v Head Teacher of the School and College and Another [2003] EWHC 1747 (Admin)
9 Jul 2003
Admn
Education
[ Bailii ]
Kw, Regina (on the Application Of) v Special Educational Needs Tribunal and Another [2003] EWHC 1770 (Admin)
21 Jul 2003
Admn
Education
[ Bailii ]
Isabel Burbaud v Ministere de l'Emploi et de la Solidarite C-285/01; [2003] EUECJ C-285/01
9 Sep 2003
ECJ
European, Education
Europa 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).
[ Bailii ]
SD, Re Application for Judicial Review [2003] ScotCS 250
2 Oct 2003
OHCS
Lord Philip
Scotland, Education
Parents sought judicial review of a decision not to open a Record of Needs for their child. A report said that the child was dyslexic. The applicants said his condition had not improved after an earlier request to open a record had been refused. Held: The Act did contain a lacuna, which the court would fill. The Scottish Ministers should have the power to deal with such appeals, and that section 64(4) should have contained a reference to confirming or refusing to confirm an education authority's decisions not to record and not to continue to record. Any delay by the claimant was not sufficient to justify refusal of judicial review, and a review was granted.
Education (Scotland) Act 1980 64(1)
1 Cites
[ Bailii ]
Regina (Watford Grammar School for Girls and Another) v Adjudicator for Schools Times, 27 October 2003
8 Oct 2003
QBD
Collins J
Education
Two schools sought to object to the selection policy of a third, which, they said would lead to that school creaming of the most academically gifted children. Held: The court asked whether the adjudicator was entitled to look at all effects of an admission policy, including the effect of sibling links. The Act was not clear. He should not have looked at selection in isolation, but should have considered other ways of achieving the objectives.
School Standards and Framework Act 1998 89
MCC (an Infant), Regina (on the Application Of) v Gloucester Primary Care Trust and Another [2003] EWHC 2956 (Admin)
16 Oct 2003
Admn
Education
Dispute as to Special Educational needs Statement
[ Bailii ]
K, Regina (on the Application of) v London Borough of Wandsworth [2003] EWHC 2992 (Admin)
5 Nov 2003
Admn
Education
[ Bailii ]
Ninni-Orasche v Bundesminister fur Wissenschaft, Verkehr und Kunst [2004] All ER (EC) 765; [2003] ECR I-13187; C-413/01; [2003] EUECJ C-413/01
6 Nov 2003
ECJ
J-P Puissochet, P
European, Education
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)."
Regulation (EEC) No 1612/68 7(2) - Article 39 EC
1 Citers
[ Bailii ]
Graves, Regina (on the Application of) v London Borough of Islington [2003] EWHC 2817 (Admin)
10 Nov 2003
Admn
Education, Crime
[ Bailii ]
College of Estate Management v Commissioners of Customs and Excise [2003] EWHC 2712 (Ch)
13 Nov 2003
ChD
The Hon Mr Justice Lightman
VAT, Education
The college appealed a finding that the supply of course manuals to its students was part of its exempt rather than zero-rated supply. Held: "Once it is decided that there is a single supply from an economic view which should not be artificially split, the character of the principal supply must be determined and this in turn determines the character of the supplies of the ancillary supplies." There was a single supply of its services as a distance learning college to its students, of the goods and services, its teaching and examination services and the printed matter. This was reflected in the single price paid for all of them. That single supply should not be artificially split into supplies of its component parts. The principal supply in this case was of education and examination services. The supply of the printed matter was a component part of that single supply, not an add-on supply.
Value Added Tax Act 1994 S-9 G-6 I-1 I-3
1 Cites
1 Citers
[ Bailii ]
Valentina Neri v European School of Economics C-153/02; [2003] EUECJ C-153/02
13 Nov 2003
ECJ
European, Education
Europa (ESE Insight World Education System Ltd) Freedom of establishment - Recognition of diplomas - Degree issued by a university established in a Member State - Courses of study in preparation for a degree awarded in another Member State and by another educational establishment.
[ Bailii ]
Verner, Sheppard, Ridley v Derby City Council, Norfolk County Council, St Thomas More Roman Catholic High School [2003] EWHC 2708 (Admin)
14 Nov 2003
QBD
The Hon Mr Justice Lindsay
Employment, Education
The question was whether, when a teacher has applied for and accepted ill-health retirement benefit, usually a lump sum and a pension, on the ground of permanent incapacity, there exists a public law duty on his employer to dismiss the employee. Held: The contract came to an end upon the grant of ill health retirement benefits, without the need to give explicit notice, and therefore the question did not arise as to whether there was any duty to dismiss (though there would be none falling on the employer alone). Contractual pay during a period of notice would not normally be payable.
Teachers' Pensions Regulations 1997
1 Cites
[ Bailii ]
Wilson, Regina (on the Application Of) v Blaenau Gwent County Borough Council and Another [2003] EWHC 2880 (Admin)
17 Nov 2003
Admn
Education
[ Bailii ]
Regina (on the Application of LR) v Waltham Forest Special Educational Needs and Disability Tribunal [2003] EWHC 2907 (Admin); [2004] ELR 161
21 Nov 2003
Admn
Beatson J
Education
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."
1 Citers
[ Bailii ]
A v Special Educational Needs and Disablity Tribunal and Another [2003] EWHC 3368 (Admin)
25 Nov 2003
Admn
Education
[ Bailii ]
Wandsworth London Borough Council, Regina (on the Application Of) v the Schools Adjudicator [2003] EWHC 2969 (Admin)
8 Dec 2003
Admn
Education
[ Bailii ]
McAuley Catholic High School v CC and Others; Admn 11-Dec-2003 - [2003] EWHC 3045 (Admin)
McAuley Catholic High School v CC, PC and another [2003] EWHC 3045 (Admin)
11 Dec 2003
Admn
Silner J
Discrimination, Education
Disability Discrimination Act 1995
1 Citers
[ Bailii ]
Douglas v North Tyneside Metropolitan Borough Council Times, 22 January 2004; [2004] 1 All ER 709
19 Dec 2003
CA
Thorpe, Jonathan Parker, Scott Baker LJJ
Education, Benefits, Human Rights
The applicant had sought a student loan to support his studies as a mature student. It was refused because he would be over 55 at the date of the commencement of the course. He claimed this was discriminatory. Held: The Convention required the state not to prevent access to education, not a duty to subsidise education. Though tertiary education fell within the meaning of 'education' in the Convention, the loan arrangements did not. Article 14 was not engaged. "The bottom line is that the measures of which complaint is made have to be linked to the exercise of the right guaranteed. The Secretary of State's argument is that the Student Support Regulations are not intended to promote the subject matter of Article 2. They are not to do with the right to education. Their purpose, as is set out in the evidence, is to encourage greater access to higher education primarily for students wishing to improve their skills and qualifications." The court accepted that argument.
European Convention on Human Rights 14
1 Cites
1 Citers
