Three pupils appealed their exclusion from school for violent or threatening behaviour.
Held: The statute imposed clear obligations on the appeal panel to act independently, and to consider both the individual circumstances of the child and the case, and to bear in mind the guidance issued by the Secretary of State. In addition the panel had to act fairly in accordance with the convention rights to a fair trial. The guidance however was not more than guidance, and the panel must exercise their discretion. Appeals dismissed.
Judges:
Lord Justice Schiemann, Lord Justice Sedley and Mr Justice Charles
Citations:
Times 04-Jun-2002, Gazette 27-Jun-2002, [2002] EWCA Civ 693, [2002] ELR 556
Links:
Statutes:
School Standards and Framework Act 1998 67 68
Jurisdiction:
England and Wales
Citing:
Appeal from – 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 Admn 2-Jul-2001
. .
Mentioned – Linfood Cash and Carry v Thomson EAT 1989
One employee had informed his employer that a fellow employee had stolen two books of credit notes. He refused to allow his identity to be disclosed for fear of reprisals. The Tribunal had held that the dismissal was unfair because although the . .
Cited by:
Cited – Bloggs 61, Regina (on the Application of) v Secretary of State for the Home Department CA 18-Jun-2003
The applicant sought review of a decision to remove him from a witness protection scheme within the prison. He claimed that having been promised protection, he had a legitimate expectation of protection, having been told he would receive protection . .
Cited – Ali v Head Teacher and Governors of Lord Grey School HL 22-Mar-2006
The claimant had been accused with others of arson to school property. He was suspended for the maximum forty five day period. The school then invited the family to discuss arrangements to return to the school, but the family did not attend. After . .
Lists of cited by and citing cases may be incomplete.
Education
Updated: 01 September 2022; Ref: scu.171255