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.
Mr Justice Hooper
[2001] EWHC Admin 721, [2002] ELR 244
Bailii
School Standards and Framework Act 1998 64(4)
England and Wales
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 . .
Lists of cited by and citing cases may be incomplete.
Education, Children, Health and Safety
Updated: 16 December 2021; Ref: scu.166589