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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: 2004 To: 2004

This page lists 49 cases, and was prepared on 27 May 2018.

 
Re M's application [2004] NICA 32
2004
CANI
Kerr LCJ, Nicholson and Campbell LJJ
Northern Ireland, Education
The court spoke of the practical need for a power for a school to suspend as a precautionary measure: "We consider that it is entirely proper for a principal to suspend a pupil who may face the prospect of expulsion if the allegations made against him are substantiated for the purpose of having the case against the pupil explored. One need only instance a simple example to demonstrate the inevitability of that conclusion. If a pupil was alleged to have assaulted a teacher, it would be inconceivable that the principal should not be able to suspend the pupil pending a full investigation of the incident or a final decision as to what the ultimate punishment should be."
1 Citers


 
A v Birmingham City Council [2004] EWHC 156 (Admin)
12 Jan 2004
Admn
Sir Richard Tucker
Education

[ Bailii ]
 
Regina (Southern, a Minor) v Oxfordshire County Council Times, 03 March 2004
23 Jan 2004
QBD
Andrew Nicol QC
Education, Local Government
The claimant sought to oblige the local authoritry to support his exceptionally bright child by recognising her needs and paying for her education at a private high school. Held: The authority had no power to make such an award under s18, but did have a discretion to make an award under the Regulations. It could not be said that the respondent authority applied a policy too rigidly, since there had not been enough shown to establish that any policy was in place.
Education Act 1996 18 - Scholarship and Other Benefits Regulations 1977 (1977 No 1443) 4

 
Regina on the Application of G v Westminster City Council Times, 05 February 2004; [2004] EWCA Civ 45; [2004] 4 All ER 572; [2004] 1 WLR 1113
30 Jan 2004
QBD
Lord Justice Dyson, Lady Justice Arden, Lord Phillips Mr
Education
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.
Education Act 1996 19
1 Cites

[ Bailii ]
 
Bishop of Roman Catholic Diocese of Port Louis and Others v Suttyhudeo Tengur and Others [2004] UKPC 9
3 Feb 2004
PC

Commonwealth, Constitutional, Education
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.
1 Cites

[ PC ] - [ Bailii ] - [ PC ] - [ PC ]
 
M M B v Special Educational Needs and Disability Tribunal and Another [2004] EWHC 513 (Admin)
24 Feb 2004
Admn

Education

[ Bailii ]
 
Deman, Regina (on the Application of) v Lord Chancellor's Department and others [2004] EWHC 930 (Admin)
1 Mar 2004
Admn
Elias J
Education

[ Bailii ]
 
Smith v Kent County Council [2004] EWHC 412 (QB)
10 Mar 2004
QBD
Mr Justice Mackay
Employment, Education


 
HM Chief Inspector of Schools v Spicer [2004] EWHC 440 (Admin)
12 Mar 2004
Admn

Education, Health Professions
The applicant was refused registration as a child minder, on the basis that a person is qualified for registration for childminding if she is "suitable to look after children under the age of eight" and that the applicant was said not to be suitable. Held: The burden of proof is on the Applicant in applications for Registration.
Children Act 1989 79B(3)(a)
1 Citers

[ Bailii ]
 
H W and Another v Bedfordshire County Council and Another [2004] EWHC 560 (Admin)
12 Mar 2004
Admn

Education
Special educational needs
[ Bailii ]
 
Ali v The Head Teacher and Governors of Lord Grey School [2004] EWCA Civ 382; Times, 09 April 2004; Gazette, 08 April 2004; [2004] QB 1231
29 Mar 2004
CA
Lord Justice Clarke Lord Justice Sedley The President
Education, Human Rights
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.
European Convention on Human Rights - Education Act 1996 19 - School Standards and Framework Act 1998
1 Cites

1 Citers

[ Bailii ]
 
Flaxman-Binns v Lincolnshire County Council [2004] EWCA Civ 424; Times, 27 May 2004; [2004] 1 WLR 2232
5 Apr 2004
CA
Lord Justice Clarke Lord Phillips Of Worth Matravers, Mr Lord Justice Jacob
Education, Professional Negligence, Civil Procedure Rules
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.
Civil Procedure Rules 39.2
1 Cites

[ Bailii ]
 
Oakes v Office for Standards and Education [2003] EWCST 0226(EY)
7 Apr 2004
CST

Education

[ Bailii ]
 
H and Another, Regina (on the Application Of) v Special Educational Needs Tribunals and Another [2004] EWHC 981 (Admin)
21 Apr 2004
Admn

Education

[ Bailii ]
 
Aladay, Regina (on the Application Of) v London Borough of Richmond and Special Educational Needs and Disability Tribunal [2004] EWHC 1290 (Admin)
30 Apr 2004
Admn

Education

[ Bailii ]
 
H (A Minor), Regina (on the Application Of) v Independent Appeal Panel for Y College [2004] EWHC 1193 (Admin)
25 May 2004
Admn

Education
Permanent exclusion
[ Bailii ]
 
M (A Minor) v Independent Appeal Panel of London Borough of Wandsworth and Another [2004] EWHC 1239 (Admin)
28 May 2004
Admn

Education
Permanent exclusion from school.
[ Bailii ]
 
A v London Borough of Southwark [2004] EWHC 1326 (Admin)
8 Jun 2004
Admn

Education

[ Bailii ]

 
 Begum, Regina (on the Application of) v Denbigh High School; Admn 15-Jun-2004 - [2004] EWHC 1389 (Admin); Times, 18 June 2004; [2004] ELR 374

 
 Adams v Bracknell Forest Borough Council; HL 17-Jun-2004 - [2004] UKHL 29; [2005] 1 AC 76; [2004] 3 WLR 89; [2004] 3 All ER 897
 
Jones, Regina (on the Application of) v Ceredigion County Council [2004] EWHC 1376 (Admin); Times, 25 June 2004
22 Jun 2004
Admn
Mr Justice Collins
Education, Local Government
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."
1 Cites

1 Citers

[ Bailii ]
 
Regina on the Application of MH v the Special Educational Needs and Disability Tribunal, the London Borough of Hounslow [2004] EWCA Civ 770; Times, 08 July 2004
25 Jun 2004
CA
Lord Justice May Lord Justice Jonathan Parker Lord Justice Dyson
Education
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.
Education Act 1996 316 316A
1 Cites

[ Bailii ]
 
Leyla Sahin v Turkey 44774/98; [2004] ECHR 299; (2004) 44 EHRR 99
29 Jun 2004
ECHR

Human Rights, Education
(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 Constitution of Turkey. Held: Article 9 does not protect every act motivated or inspired by a religion or belief, and does not 'in all cases' guarantee the right to behave in public in a way 'dictated by a belief'. The court interpreted "prescribed by law" for the purposes of article 9(2): "74. The Court reiterates its established case-law, according to which the words "prescribed by law" not only require that the impugned measure should have some basis in domestic law, but also refer to the quality of the law in question, requiring that it should be accessible to the person concerned and foreseeable as to its effects (see, among many other authorities, Rotaru v Romania [GC], no. 28341/95, §52, ECHR 2000-V) . . . Further, as regards the words "in accordance with the law" and "prescribed by law" which appear in Article 8 to 11 of the Convention, the Court observes that it has always understood the term "law" in its "substantive" sense, not its "formal" one; it has included both "written law", encompassing enactments of lower rank than statutes (De Wilde, Ooms and Versyp v. Belgium, judgment of 18 June 1971, Series A no 12, p. 45, §93) and regulatory measures taken by professional bodies under independent rule-making powers delegated to them by parliament (Barthold v. Germany, judgment of 25 March 1985, Series A no. 90, p.21, §46) and unwritten law. "Law" must be understood to include both statutory and judge-made "law" (see, among other authorities, Sunday Times v. United Kingdom (no 1), judgment of 26 April 1979, Series A no. 30, p. 30, §43). Judge-made law is regarded as a valid source of law under Turkish law."
European Convention on Human Rights 9
1 Citers

[ Bailii ] - [ Bailii ]
 
T and Another v Hertfordshire County Council and Another [2004] EWCA Civ 927
30 Jun 2004
CA

Education

[ Bailii ]
 
SB v OFSTED (Finding on Preliminary Point) [2004] EWCST 291(EYSUS)
12 Jul 2004
CST

Education

[ Bailii ]
 
D, Regina (on the Application of) v Plymouth High School for Girls [2004] EWHC 1923 (Admin)
13 Jul 2004
Admn
Mr Justice Collins
Discrimination, Education

[ Bailii ]
 
Regina (Varma) v HRH the Duke of Kent, (Visitor of Cranfield University) [2004] EWHC 1705 (Admin); Times, 23 July 2004
16 Jul 2004
QBD
Mr Justice Collins
Education
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.
[ Bailii ]
 
Slough Borough Council v C, Special Educational Needs and Disability Tribunal [2004] EWHC 1759 (Admin); Times, 27 August 2004
22 Jul 2004
QBD
Mr Justice Richards
Education
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.
Education Act 1996 sch27p8
1 Cites

[ Bailii ]
 
M, Regina (on the Application Of) v Independent Appeal Panel and others [2004] EWHC 1831 (Admin)
27 Jul 2004
Admn

Education
Appeal against exclusion order
[ Bailii ]
 
College of Estate Management v Commissioners of Customs and Excise [2004] EWCA Civ 1086; Times, 11 October 2004
11 Aug 2004
CA
Lord Justice Ward Lord Justice Jacob The Right Honourable Sir Charles Mantell
VAT, Education
When offering courses to distance learning students, the College offered materials for the courses. As part of the course this supply would be exempt, as books, the supply would be zero-rated, but the taxpayer would be able to reclaim its VAT inputs. Held: "There clearly was a separate supply of goods, namely the printed material from which the students were to prepare their assignments and study for their examinations. The writing, printing and distribution of the books formed a substantial part of the undertaking of the College both in terms of the demands it placed upon its staff as well as the actual proportion of the annual expenditure. The supply of those goods was clearly physically dissociable from the supply of the education service." and "the error in their [the lower courts'] approach was to treat this as a single either/or question answered by asking whether the supply of the written material was the means for better enjoying the education and by omitting to ask first whether or not the supply of the books was in itself sufficiently coherent, distinct and independent to constitute for the students an aim in itself."
Value Added Tax Act 1994 4(1)
1 Cites

1 Citers

[ Bailii ]
 
David Lannigan v Glasgow City Council
12 Aug 2004
OHCS
R.F.Macdonald, Q.C.
Scotland, Negligence, Education, Limitation
The pursuer said the teachers employed by the defendant had failed to identify that was dyslexic, leading him to suffer damage. The defenders said the claim was time barred, which the pursuer admitted, but then said that the claim ought to go ahead under the court's equitable discretion. Held: After reviewing the authorities, the onus was on the pursuer to satisfy the court that it is equitable to allow him to bring the action notwithstanding that it is time-barred. 'This was a case where the responsibility for the action not having been raised in time rests entirely with the pursuer as responsible for the first agents, that he has a remedy against them if he is not allowed to bring this action out of time and that, if he were allowed to bring the action out of time, the defenders would be prejudiced by losing their statutory defence and having to prepare for and contest a lengthy proof, the expenses of which they may not recover even if successful.' The application was denied.
Limitation Act 1980 19A
1 Cites

[ ScotC ]
 
A, Regina (on the Application Of) v Hob Moor Community Primary School [2004] EWHC 2165 (Admin)
14 Sep 2004
Admn

Education, Discrimination

[ Bailii ]
 
X and Another v Caerphilly County Borough Council and Another [2004] EWHC 2140 (Admin)
21 Sep 2004
Admn
Keith J
Education
The child challenged the statement of special educational needs prepared on his behalf. His parents urged that he be placed in a specialist residential school. The authority placed him in a mainstream Welsh speaking school. The psychologist said he did not need specialist language teaching because his poor language development was in line with his general achievements. The parents said he needed direct therapy. Held: The tribunal erred in not asking whether there were exceptional reasons for thinking he did not need the assistance. The tribunal had failed to see that the need for occupational therapy went as to his educational as well as general needs, and should have been provided for in that section of the report. The decision was set aside.
[ Bailii ]
 
B, Regina (on the Application of) v Hertfordshire County Council [2004] EWHC 2324 (Admin)
20 Oct 2004
Admn

Education

[ Bailii ]
 
M and Another v Sw School and Another [2004] EWHC 2586 (Admin)
22 Oct 2004
Admn

Education
Special educational needs
[ Bailii ]
 
London Borough of Sutton v S [2004] EWHC 2876 (Admin)
26 Oct 2004
Admn
Thomas LJ, Fulford J
Education, Criminal Practice
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 authorities and sought help and co-opertaed with the Borough, but their daughter had been unco-operative and eventually abusive. Held: The appeal failed. The very strict nature of the offence under section 444(1) is and has for some considerable time been considered of great importance to support the duty placed by section 7 of the Education Act 1996 upon parents. However, the case of Barnfather had emphasised the need for the use of discretion by authorities. It may have been proper to bring proceedings before the magistrates, but it should have been obvious that the appeal had no prospects of success and could only cause further distress for the family involved. In essence this was a question of fact, and the court had rejected the evidence of the Education Welfare Officer.
The court considered whether, the parents having been found not guilty of the greater offence, the magistrates should have convicted them under the lesser offence, saying: " It is important to stress that the public interest often requires that a person charged with a more serious offence should, if that is not made out, nonetheless be convicted of the lesser offence, if that is made out. The interests of justice are not served by acquittals in such circumstances. However, the test is the interests of justice." The matter should not be remitted.
Education Act 1996 444
1 Cites

[ Bailii ]
 
K, Regina (on the Application of) v Tamworth Manor High School [2004] EWHC 2564 (Admin)
3 Nov 2004
Admn

Education

[ Bailii ]
 
B, Regina (on the Application Of) v Special Educational Needs and Disability Tribunal and Another [2004] EWHC 2604 (Admin)
4 Nov 2004
Admn

Education

[ Bailii ]
 
O, Regina (on the Application Of) v Wiltshire County Council and Another [2004] EWHC 2850 (Admin)
8 Nov 2004
Admn

Education

[ Bailii ]
 
W v Leeds City Council and Another [2004] EWHC 2513 (Admin)
9 Nov 2004
Admn

Education
Appeal against special educational needs statement
Education Act 1996 326
[ Bailii ]
 
C v East Sussex County Council [2004] EWHC 3122 (Admin)
10 Nov 2004
Admn
Moses J
Education

[ Bailii ]
 
W and Another v Harrow Council and Another [2004] EWHC 2810 (Admin)
26 Nov 2004
Admn

Education

[ Bailii ]
 
C, Regina (on the Application Of) v the Admission Panel of Nottinghamshire County Council [2004] EWHC 2988 (Admin)
1 Dec 2004
Admn

Education

[ Bailii ]
 
F and Another v Kent County Council and Another [2004] EWHC 2845 (Admin)
1 Dec 2004
Admn

Education

[ Bailii ]
 
DN (By her Father and Litigation Friend RN) v London Borough of Greenwich [2004] EWCA Civ 1659; Times, 23 December 2004
8 Dec 2004
CA
Lord Justice Brooke Sir Martin Nourse Lord Justice May The Vice President Of The Court Of Appeal (Civil Division)
Education, Negligence, Legal Aid
The defendant sought to appeal her case. Held: There were serious deficiencies in the way her case had been prepared as a result of severe limitations on the public funding available to conduct the case. The trial process could not in this case be seen as satisfactory.
[ Bailii ]
 
London Oratory School and others v the Schools Adjudicator [2004] EWHC 3014 (Admin)
17 Dec 2004
Admn
Jackson J
Education

[ Bailii ]
 
W (A Minor) v the Independent Appeal Panel of London Borough of Wandsworth and Another [2004] EWCA Civ 1819
17 Dec 2004
CA

Education

[ Bailii ]
 
VK v Norfolk County Council and Another [2004] EWHC 2921 (Admin); [2005] ELR 342
17 Dec 2004
Admn
Stanley Burnton J
Education
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.
1 Citers

[ Bailii ]
 
The Governing Body of the London Oratory School, Adams, Goodliffe, Lindsay v The Schools Adjudicator [2004] EWHC 3014 (Admin)
17 Dec 2004
Admn
Jackson, Mr Justice Jackson
Education


 
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