A permanently excluded pupil sought judicial review of the decision to exclude him. The school resisted saying that since there remained an avenue of appeal, a judicial review was inappropriate. He could still ask for a review of the decision of the independent appeal panel.
Held: Such a decision was of great importance to the child, and it was necessary that the procedure adopted should be fair. Those sitting on the discipline committee served a statutory function, and must fulfil their duties with care and independence. The availability of judicial review would serve to emphasise that duty. There would be no flood of cases because of the tests in Rowlands. Here, however, the defects in the consideration by the committee had been cured by the procedure adopted by the independent appeal panel, and the review was refused.
Judges:
Justice Mitchell
Citations:
Times 16-May-2002
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Hereford Magistrates’ Court (ex parte Rowlands, Ingram); Regina v Harrow Youth Court (ex parte Prussia) Admn 10-Feb-1997
The power to adjourn a trial is conferred upon Justices by statute. The divisional court will intervene where defendants have been deprived of a fair opportunity to present their case. The decision whether to grant an adjournment is not a mechanical . .
Appealed To – Regina (DR) (AM) v St George’s Catholic School and Others, Regina (A) v Kingsmead School Governors and Another CA 13-Dec-2002
The applicants appealed the refusal of judicial review of the refusals of their appeals against exclusion from school.
Held: The Act provided a full appeal procedure from the initial decision of the school’s head teacher, first to the . .
Cited by:
Appealed from – Regina (DR) (AM) v St George’s Catholic School and Others, Regina (A) v Kingsmead School Governors and Another CA 13-Dec-2002
The applicants appealed the refusal of judicial review of the refusals of their appeals against exclusion from school.
Held: The Act provided a full appeal procedure from the initial decision of the school’s head teacher, first to the . .
Lists of cited by and citing cases may be incomplete.
Education, Judicial Review
Updated: 28 April 2022; Ref: scu.171182