Siddiqui v University of Oxford: QBD 5 Dec 2016

The University applied to have struck out the claim by the claimant for damages alleging negligence in its teaching leading to a lower class degree than he said he should have been awarded.
Held: Strike out on the basis that the claim was bound to fail was refused. Nor was the claim bound to fail under limitation difficulties. Application refused

Judges:

Kerr J

Citations:

[2016] EWHC 3150 (QB)

Links:

Bailii

Statutes:

Limitation Act 1980 14(1)(b)

Jurisdiction:

England and Wales

Citing:

CitedE D and F Man Liquid Products Ltd v Patel and Another CA 4-Apr-2003
The rules contained two occasions on which a court would consider dismissal of a claim as having ‘no real prospect’ of success.
Held: The only significant difference between CPR 24.2 and 13.3(1), is that under the first the overall burden of . .
CitedClark v University of Lincolnshire and Humberside CA 14-Apr-2000
A student had been failed after being falsely accused of cheating, but the academic review board, on remarking the paper marked it as zero.
Held: Where a University did not have the supervisory jurisdiction of a visitor, a breach of contract . .
CitedPhelps v Hillingdon London Borough Council; Anderton v Clwyd County Council; Gower v Bromley London Borough Council; Jarvis v Hampshire County Council HL 28-Jul-2000
The plaintiffs each complained of negligent decisions in his or her education made by the defendant local authorities. In three of them the Court of Appeal had struck out the plaintiff’s claim and in only one had it been allowed to proceed.
CitedBolam v Friern Hospital Management Committee QBD 1957
Professional to use Skilled Persons Ordinary Care
Negligence was alleged against a doctor.
Held: McNair J directed the jury: ‘Where some special skill is exercised, the test for negligence is not the test of the man on the Clapham omnibus, because he has not got this special skill. The test . .
CitedAbramova v Oxford Institute of Legal Practice QBD 18-Mar-2011
The claimant sought damages saying that the defendant had failed to provide her with the Legal Practice Course promised. The complaints included, in particular, an attack on the practice of having students mark their own mock examination papers.
CitedWinstanley v Sleeman and Another QBD 13-Dec-2013
The claimant’s PhD thesis had initially failed, but on an internal appeal that decision was reversed, the appellate body accepting the contention that the supervision or other arrangements during his period of study had been unsatisfactory. The . .
CitedSpargo v North Essex District Health Authority CA 13-Mar-1997
The test of ‘When a plaintiff became aware of the cause of an injury’ is a subjective test of what passed through plaintiff’s mind. ‘(1) the knowledge required to satisfy s14(1)(b) is a broad knowledge of the essence of the causally relevant act or . .
CitedMinistry of Defence v AB and Others SC 14-Mar-2012
The respondent Ministry had, in 1958, conducted experimental atmospheric explosions of atomic weapons. The claimants had been obliged as servicemen to observe the explosions, and appealed against dismissal of their claims for radiation sickness . .
CitedCave v Robinson Jarvis and Rolf (a Firm) HL 25-Apr-2002
An action for negligence against a solicitor was defended by saying that the claim was out of time. The claimant responded that the solicitor had not told him of the circumstances which would lead to the claim, and that deliberate concealment should . .
See AlsoSiddiqui v University of Oxford QBD 2016
Kerr J refused an application for him to recuse himself based inter alia on the fact that counsel for the Defendant before him was a member of his former chambers: ‘It is true that I was a member of the same chambers of Mr Milford until June 2015. . .

Cited by:

See AlsoSiddiqui v The Chancellor, Masters and Scholars of The University of Oxford QBD 7-Feb-2018
. .
See AlsoSiddiqui v University of Oxford QBD 16-Mar-2018
Post judgment issues . .
Lists of cited by and citing cases may be incomplete.

Negligence, Education, Litigation Practice, Limitation

Updated: 31 December 2022; Ref: scu.572350

HA v University of Wolverhampton and Others: Admn 12 Feb 2018

The court was asked whether a university may lawfully ask an applicant for an accredited Master of Pharmacy degree course (‘MPharm’) whether he or she has spent and unfiltered convictions and whether the university can require him or her to undergo an enhanced criminal record check as part of the application process.
Held: The decision to excude HA was quashed.

Judges:

Julian Knowles J

Citations:

[2018] EWHC 144 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Education

Updated: 09 December 2022; Ref: scu.604756

Jenkins v Howells: KBD 1949

A pupil had been continuously away from school because her mother was a chronic invalid and it was necessary for the girl to assist with housework. When the mother was prosecuted pursuant to the Act, she contended that her daughter’s absence was the result of ‘any unavoidable cause’ by reference to the Act. The Divisional Court rejected that contention and held that ‘unavoidable cause’, like sickness, must be in relation to the child and not the parent.

Citations:

[1949] 2 KB 218

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Islington London Borough Council, ex parte G A (a Child) Admn 20-Oct-2000
The child was severely disabled and was to be schooled as a weekday boarder 75 miles from home. He sought assistance with the travelling expenses when his condition worsened and the arrangements became more burdensome.
Held: It was not open to . .
Lists of cited by and citing cases may be incomplete.

Education, Crime

Updated: 27 November 2022; Ref: scu.179637

S, Regina (on the Application of) v Secretary of State for Education: CA 15 Jul 1994

Citations:

[1995] ELR 71, [1994] EWCA Civ 37, [1995] 2 FCR 225, [1995] COD 48

Links:

Bailii

Statutes:

Education Act 1981 8

Jurisdiction:

England and Wales

Citing:

Appeal fromRegina v Secretary of State for Education ex parte S QBD 21-Dec-1993
The Secretary of State is to disclose all advice on appeal against special needs assessment. . .

Cited by:

CitedEisai Ltd, Regina (on the Application of) v National Institute for Health and Clinical Excellence (NICE) and Shire Pharmaceuticals Limited and Association of the British Pharmaceutical Industry (Interveners) CA 1-May-2008
The applicant pharmaceutical companies challenged the decision of the National Institute for Clinical Excellence (NICE) to to list certain drugs saying that the procedure adopted was unfair. NICE had revealed that results of calculations it had made . .
Lists of cited by and citing cases may be incomplete.

Education, Administrative

Updated: 27 October 2022; Ref: scu.267531

Regina v Dorset County Council; Christmas v Hampshire County Council; Keating v Bromley London Borough Council: CA 4 May 1994

An Education Authority may be sued for a negligent failure to assess and provide for a child’s special educational needs.

Citations:

Independent 04-May-1994, [1998] ELR 1

Statutes:

Education Act 1981

Jurisdiction:

England and Wales

Cited by:

CitedDavid Lannigan v Glasgow City Council OHCS 12-Aug-2004
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 . .
Lists of cited by and citing cases may be incomplete.

Education

Updated: 26 October 2022; Ref: scu.86563

Moran v University College Salford (Practice Guidance – Leave to Appeal): CA 27 Oct 1993

An offer of a student place was capable of acceptance, but a mandatory injunction was refused. The court gave guidance on how to decide if leave was necessary to make an appeal to the Court of Appeal.

Citations:

Independent 26-Nov-1993, Times 27-Oct-1993, Ind Summary 29-Nov-1993

Statutes:

Rules of the Supreme Court 59, Courts and Legal Services Act 1990 7(1)

Jurisdiction:

England and Wales

Contract, Litigation Practice, Education

Updated: 26 October 2022; Ref: scu.83823

Regina v Secretary of State for Education and Employment and Another Ex Parte Morris and Others: QBD 15 Dec 1995

There was no need for consultation before a school can be closed as a failing school. Simon Brown LJ emphasised the need to avoid a mechanistic approach to the requirements of consultation.

Judges:

Simon Brown LJ

Citations:

Times 15-Dec-1995, [1996] ELR 162

Statutes:

Education Act 1993 Part V

Jurisdiction:

England and Wales

Cited by:

CitedEisai Ltd, Regina (on the Application of) v National Institute for Health and Clinical Excellence (NICE) and Shire Pharmaceuticals Limited and Association of the British Pharmaceutical Industry (Interveners) CA 1-May-2008
The applicant pharmaceutical companies challenged the decision of the National Institute for Clinical Excellence (NICE) to to list certain drugs saying that the procedure adopted was unfair. NICE had revealed that results of calculations it had made . .
Lists of cited by and citing cases may be incomplete.

Education

Updated: 21 October 2022; Ref: scu.87703

Hurley and Moore, Regina (on The Application of) v Secretary of State for Business Innovation and Skills: Admn 17 Feb 2012

The applicants, intending university students, challenged the decision to raise to andpound;9,000 per annum, the fees which might be charged by qualifying universities.
Elias LJ said: ‘Contrary to a submission advanced by Ms Mountfield, I do not accept that this means that it is for the court to determine whether appropriate weight has been given to the duty. Provided the court is satisfied that there has been a rigorous consideration of the duty, so that there is a proper appreciation of the potential impact of the decision on equality objectives and the desirability of promoting them, then . . it is for the decision maker to decide how much weight should be given to the various factors informing the decision.
The concept of ‘due regard’ requires the court to ensure that there has been a proper and conscientious focus on the statutory criteria, but if that is done, the court cannot interfere with the decision simply because it would have given greater weight to the equality implications of the decision than did the decision maker. In short, the decision maker must be clear precisely what the equality implications are when he puts them in the balance, and he must recognise the desirability of achieving them, but ultimately it is for him to decide what weight they should be given in the light of all relevant factors. If Ms Mountfield’s submissions on this point were correct, it would allow unelected judges to review on substantive merits grounds almost all aspects of public decision making.’
. . And ‘It is also alleged that the PSED in this case involves a duty of inquiry. The submission is that the combination of the principles in Secretary of State for Education and Science v Tameside Metropolitan Borough Council . . and the duty of due regard under the statute requires public authorities to be properly informed before taking a decision. If the relevant material is not available, there will be a duty to acquire it and this will frequently mean than some further consultation with appropriate groups is required. ‘

Judges:

Elias LJ, King J

Citations:

[2012] EWHC 201 (Admin)

Links:

Bailii

Statutes:

Higher Education (Basic Amount) Regulations 2010 (SI 2010/3021), Higher Education (Higher Amount) Regulations 2010 (SI 2010/3020), Higher Education Act 2004 24

Jurisdiction:

England and Wales

Citing:

CitedBrown, Regina (on the Application of) v Secretary of State for Work and Pensions Admn 18-Dec-2008
Having ‘due regard’ is not Obligation to do
The claimant sought to challenge the decision to close her local post office on the basis that being retired and disabled and without a car in a rural area, the office was essential and the decision unsupportable. In particular she challenged the . .

Cited by:

CitedHotak and Others v London Borough of Southwark and Another SC 13-May-2015
The court was asked as to the duty of local housing authorities towards homeless people who claim to be ‘vulnerable’, and therefore to have ‘a priority need’ for the provision of housing accommodation under Part VII of the Housing Act 1996. Those . .
CitedJewish Rights Watch (T/A Jewish Human Rights Watch), Regina (on The Application of) v Leicester City Council Admn 28-Jun-2016
The claimant challenged the legaity of resolutions passed by three local authorities which were critical of the State of Israel. They said that the resolultions infringed the Public Sector Equality Duty under section 149 of the 2010 Act, and also . .
Lists of cited by and citing cases may be incomplete.

Education, Administrative

Updated: 05 October 2022; Ref: scu.451389

KS and Another, Regina (on The Application of) v London Borough of Croydon: Admn 20 Oct 2010

The claimants sought judicial review in respect of the alleged failure of the London Borough of Croydon Council, as local education authority, to make suitable provision for their education, and more generally in respect of the alleged failings of the Council to provide sufficient secondary schooling in its area. The claimants are children, each of them 14 years of age, each an unaccompanied asylum seeker, each currently looked after by the Council under the relevant provisions of the Children Act 1989.

Judges:

Lindblom J

Citations:

[2010] EWHC 3391 (Admin), [2011] ELR 109

Links:

Bailii

Statutes:

Children Act 1989

Jurisdiction:

England and Wales

Immigration, Education

Updated: 17 September 2022; Ref: scu.442709

English Speaking Board (International) Ltd, Regina (on The Application of) v Secretary of State for The Home Department: Admn 12 Jul 2011

The claimant challenged the lawfulness of alterations to the Immigration Rules and the 2003 Regulations.

Judges:

Wyn Williams J

Citations:

[2011] EWHC 1788 (Admin)

Links:

Bailii

Statutes:

Immigration Act 1971 3(2), British Nationality (General) Regulations 2003, British Nationality Act 1981 41

Jurisdiction:

England and Wales

Immigration, Education

Updated: 15 September 2022; Ref: scu.441592

The Independent Schools Council, Regina (on The Application of) v The Charity Commission for England and Wales: Admn 7 Oct 2010

Oral application by the claimant for permission to bring judicial review proceedings to challenge the lawfulness of guidance issued by the Charity Commission (‘the Commission’) regarding the operation of the public benefit test in the law of charity, as it has application in relation to independent schools.

Judges:

Sales J

Citations:

[2010] EWHC 2604 (Admin), [2011] ACD 2

Links:

Bailii

Jurisdiction:

England and Wales

Charity, Education

Updated: 08 September 2022; Ref: scu.434932

San Michael College Ltd, Regina (on The Application of) v Secretary of State for The Home Department: Admn 18 Mar 2011

The college appealed against revocation of its licence to act as an education college catering for overseas students.

Judges:

Behrens J

Citations:

[2011] EWHC 642 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Education, Immigration

Updated: 04 September 2022; Ref: scu.430841

Jones v Neath Port Talbot County Borough Council: CA 8 Feb 2011

The court considered the liability of a local education authority for the unfair dismissal of a head teacher by a school which had since closed.
Held: The Employment Tribunal’s Order should be restored so that the proceedings will continue against the governing body in the name of the Education Authority and against the Education Authority directly.

Judges:

Carnwath, Elias, Pitchford LJJ

Citations:

[2011] EWCA Civ 92, [2011] ICR 1415

Links:

Bailii

Jurisdiction:

England and Wales

Employment, Education

Updated: 01 September 2022; Ref: scu.428532

Haringey Independent Appeal Panel v M, Regina (on The Application of): CA 12 Oct 2010

The respondent, M, had applied for judicial review of the dismissal by the Haringey Independent Appeal Panel of her appeal against the refusal of Haringey, as the local education authority, to allow her daughter, MC, to attend the school of her preferred choice. The Panel appealed against a quashing of the original order as unlawful.

Judges:

Rix, Wilson LJJ, Sir David Keene

Citations:

[2010] EWCA Civ 1103, [2011] PTSR D10, [2010] ELR 823

Links:

Bailii

Statutes:

School Standards and Framework Act 1998 84

Jurisdiction:

England and Wales

Cited by:

CitedIn re F (Children) CA 27-Oct-2010
The mother appealed against refusal of a specific issue order requested to allow her to remove the four children with her from Cleveland to Stronsay in the Orkneys. Both parents were GPs and accepted to be excellent parents. She and her new partner . .
Lists of cited by and citing cases may be incomplete.

Education

Updated: 25 August 2022; Ref: scu.424977

Alloway, Regina (on The Application of) v London Borough of Bromley: Admn 17 Sep 2008

The claimant, a young autistic adult, sought judicial review of an assesment carried out for the respondent under the 2000 Act as to his educational needs.

Judges:

David Elvin QC

Citations:

[2008] EWHC 2449 (Admin)

Links:

Bailii

Statutes:

Learning and Skills Act 2000 140

Cited by:

CitedDC v London Borough of Ealing UTAA 11-Jan-2010
Tribunal procedure and practice (including UT) – statements of reasons . .
Lists of cited by and citing cases may be incomplete.

Education

Updated: 25 August 2022; Ref: scu.424960

Regina v East Sussex County Council Ex Parte T: QBD 29 Apr 1997

Financial constraints on a local authority may be is relevant as between a choice of provisions but not as to whether to make provision at all. The court is not the arbiter of what constitute suitable arrangements and the decision as to suitability of the arrangements made by the parents is for the authority alone, subject to review on established principles of administrative law.

Citations:

Times 29-Apr-1997, [1997] ELR 311

Statutes:

Education Act 1993 298

Jurisdiction:

England and Wales

Cited by:

CitedRegina v Islington London Borough Council, ex parte G A (a Child) Admn 20-Oct-2000
The child was severely disabled and was to be schooled as a weekday boarder 75 miles from home. He sought assistance with the travelling expenses when his condition worsened and the arrangements became more burdensome.
Held: It was not open to . .
Lists of cited by and citing cases may be incomplete.

Education

Updated: 13 August 2022; Ref: scu.86612

Hartley and Others v King Edward VI College: SC 24 May 2017

The teacher appellants challenged the quantification of deductions from their salaries after engaging in lawful strike days.
Held: The appeal as allowed. The correct approach under section 2 to a case like this, where the contract is an annual contract, is to hold that the salary must be apportioned on a calendar day basis over 365 days, which yields a daily figure of 1/365.
Lord Clarke said: ‘I do not think that the contracts of employment provide expressly or by necessary implication for their salaries to be paid to staff pro rata in respect of divisible obligations to perform work on each day of directed time.’
Section 2 of the Act applied in this case and was not excluded by section 7. As to the questions posed in para 8 above, I would hold that (a) section 2 of the Act applied to this case, (b) that ‘accruing from day to day’ means accruing calendar day by calendar day and (c) that section 7 of the Act has the meaning discussed in paras 38 to 41 above and does not apply on the facts of this case.

Judges:

Lady Hale, Deputy President, Lord Clarke, Lord Wilson, Lord Hughes, Lord Gill

Citations:

[2017] UKSC 39, [2017] 4 All ER 637, [2017] ICR 774, [2017] IRLR 763, [2017] 1 WLR 2110, [2017] ELR 395

Links:

Bailii, Bailii Summary

Statutes:

Apportionment Act 1870

Jurisdiction:

Scotland

Citing:

CitedSim v Rotherham Metropolitan Borough Council 1981
The 1870 Act applied where an employee’s contract was terminated in the course of a period at the end of which payment would be made. Scott J said: ‘Mr Goudie submitted that the real question was whether a teacher was entitled to be paid for the . .
CitedFassihim, Liddiardrams, International Ltd, Isograph Ltd v Item Software (UK) Ltd CA 30-Sep-2004
The first defendant (F) had been employed by a company involved in a distribution agreement. He had sought to set up a competing arrangement whilst a director of the claimant, and diverted a contract to his new company.
Held: A company . .
Appeal fromHartley and Others v King Edward VI College CA 14-May-2015
The claimant teachers had been involved in a day’s strike action They objected that the employer had deducted 1/260 and not 1/365 of their annual salary.
Held: Section 2 of the 1870 Act did apply to a teacher’s contract, and the employee’s . .
CitedMiles v Wakefield Metropolitan District Council HL 1987
The claimant was a superintendent registrar of Births Deaths and Marriages. His union instructed him not to conduct weddings on Saturdays. He had been told that if he failed to perform his full range of duties on a Saturday (including marriages), he . .
CitedAmey v Peter Symonds College QBD 2013
The claimant was a full time teacher at a sixth form college who went on strike. He participated in two days of industrial action. He argued that the College acted unlawfully in deducting 1/260 of his salary rather than 1/365 for each day on strike. . .
CitedThames Water Utilities v Reynolds EAT 22-Nov-1995
HH Judge Clark: said this by reference to the expression ‘from day to day’ in section 2: ‘Accordingly the real question is what is meant by the expression ‘from day to day’ in section 2 of the Act. In our view it can only be calendar days and not . .
CitedLeisure Leagues UK Ltd v Maconnachie EAT 14-Mar-2002
When calculating the entitlement to holiday pay the apportionment had to be made on the number of working days in a year, not on the number of days in a year. The regulations required this interpretation rather than that under the Act. A consequence . .
CitedYarrow v Edwards Chartered Accountants EAT 8-Jun-2007
EAT WORKING TIME REGULATIONS
Holiday Pay
Appeal allowed against Chairman’s order dismissing complaint without considering all information supplied by parties (ET Rule 27(6)). Application of working . .
CitedCooper and others v The Isle of Wight College QBD 30-Nov-2007
. .
CitedTyrrell v Clark 17-Jan-1854
The stat. 4 and 5 Will. 4, c. 22, requires, in order to exclude apportionment, either an express direction that there shall be none, or language so express in the terms of gift that apportionment is clearly impossible consistently with it. Inference . .
CitedIn re Lysaght CA 1898
The testator bequeathed certain shares and declared that they ‘shall carry the interest accruing thereon at my death.’
Held: But for this clause the Apportionment Act would have allowed the residuary legatees to take the benefit of the . .
Lists of cited by and citing cases may be incomplete.

Employment, Education

Updated: 08 August 2022; Ref: scu.584230

Matthews, Regina (On the Application of) v HMP Swaleside: Admn 5 Oct 2009

The Claimant sought judicial review of the Defendant’s decision to refuse to allow the Claimant to submit a Tutor Marked Assessment (TMA) to the Open University

Judges:

William Davis QC HHJ

Citations:

[2009] EWHC 2397 (Admin)

Links:

Bailii

Statutes:

European Convention on Human Rights 10

Jurisdiction:

England and Wales

Prisons, Education, Human Rights

Updated: 04 August 2022; Ref: scu.376016

E, Regina (On the Application of) v Governing Body Of JFS and Another: CA 10 Jul 2009

Judges:

Lord Justice Sedley, Lady Justice Smith and Lord Justice Rimer

Citations:

[2009] EWCA Civ 681

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

At First InstanceE v The Governing Body of JFS and Another Admn 3-Jul-2008
The court considered the impact of secular discrimination policy on admissions policies of religious schools.
Held: A school admissions policy which gave priority to children of their designated faith did not discriminate unlawfully either . .
Leave to AppealE v The Governing Body of JFS and Another Admn 16-Jul-2008
Application for leave to appeal. . .
Main CA JudgementE, Regina (On the Application of) v The Governing Body of JFS and Another CA 25-Jun-2009
E challenged the admissions policy of a school which admitted by preference children acknowledged to be Jewish by the Office of their Rabbi. His mother being Jewish by conversion in a progressive synagogue, E was excluded. The claimant suggested . .

Cited by:

Appeal fromE, Regina (On the Application of) v Governing Body of JFS and Another SC 14-Oct-2009
The claimant had successfully challenged the policy of the school as racially discriminatory. He now sought an ancillary order that the respondents should not be allowed to request their costs from the defendant’s appeal whatever the outcome, the . .
See alsoE, Regina (on The Application of) v Governing Body of JFS and Another SC 16-Dec-2009
E complained that his exclusion from admission to the school had been racially discriminatory. The school applied an Orthodox Jewish religious test which did not count him as Jewish because of his family history.
Held: The school’s appeal . .
Lists of cited by and citing cases may be incomplete.

Education, Discrimination, Costs

Updated: 30 July 2022; Ref: scu.347469

Tigere, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills, Student Loans Company Ltd: Admn 17 Jul 2014

Challenge to the exclusion of the Claimant from eligibility for a student loan. The claimant said that both the settlement criterion and the lawful ordinary residence criterion constituted unjustified and discriminatory restrictions on her right to education under both article 2 of the First Protocol and article 14.
Held: Her rights had been violated by the application to her of the settlement criterion but not by the application of the lawful ordinary residence criterion.

Judges:

Hayden J

Citations:

[2014] EWHC 2452 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

At First InstanceTigere, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills SC 29-Jul-2015
After increasing university fees, the student loan system was part funded by the government. They introduced limits to the availability of such loans, and a student must have been lawfully ordinarily resident in the UK for three years before the day . .
Lists of cited by and citing cases may be incomplete.

Education, Benefits, Immigration, Human Rights

Updated: 26 July 2022; Ref: scu.534429

Webster and Others v The Governors of the Ridgeway Foundation School: QBD 21 May 2009

The first claimant had been severely beaten as he left school. He and his parents also claimed post traumatic stress. They alleged that the school had been negligent in having allowed racial tensions to develop. The claimant was white, and his attackers Asian. The claimants sought disclosure of the school’s disciplinary records unredacted so that the racial origins could be identified. The school, reacted saying that beyond disclosing the names of the attackers, the remaining names were protected by confidence.
Held: Some requests were too wide to satisfy the need for certainty. Others would require specific justification to support the interference with the particular privacy of children.

Judges:

Nicol J

Citations:

[2009] EWHC 1140 (QB)

Links:

Bailii

Statutes:

European Convention on Human Rights 8

Jurisdiction:

England and Wales

Citing:

CitedKenny, Regina (on the Application of) v Leeds Magistrates Court, Leeds City Council Admn 5-Dec-2003
In cases involving children, Article 3 provides that the best interests of the child are a primary consideration, not the primary consideration.
The court looked at the test for making an interim ASBO: ‘Consideration of whether it is just to . .
CitedTodd v Crown Prosecution Service; T v Director of Public Prosecutions and Another; Todd v DPP QBD 6-Oct-2003
The defendant had been under 18 at the commencement of proceedings but attained 18 during them. The newspaper was granted leave to refer to him by name upon his becoming 18.
Held: Denying the appeal. The balance between the freedom of the . .

Cited by:

See AlsoWebster and Others v Ridgeway Foundation School QBD 5-Feb-2010
The claimant had been severely injured when attacked at school. He was a white youth, and his attackers all Asian. The school had a history of inter-racial tension, and he claimed in negligence, and that they had failed to protect his human right . .
See AlsoWebster and Others v The Ridgeway Foundation School QBD 2-Mar-2010
The court considered whether costs should be payable on a standard or indemnity basis. . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Human Rights, Education, Information, Litigation Practice

Updated: 26 July 2022; Ref: scu.346752

Palmer v Cornwall County Council: CA 21 May 2009

The claimant sought damages in negligence against his school when he was hit in the eye by a stone thrown by another pupil at a seagull. The pupil now appealed. The judge had been criticised for providing inadequate supervision.
Held: The appeal succeeded: ‘First, to have one dinner lady supervisor who would be stretched to supervise over 150 pupils in years 7 and 8, only glancing occasionally at years 9 and 10, was in my view clearly negligent. Second, since the purpose of appropriate supervision is to deter children taking part in dangerous activities, as well as to stop dangerous activities if they do occur, a court should not be too ready to accept that the dangerous activity would have happened anyway. Third, where as here the recorder found witnesses called by the appellant were telling the truth, there was no reason not to accept their evidence that if a supervisor had been near they would not have thrown stones because they knew that stone throwing was prohibited.’

Citations:

[2009] EWCA Civ 456

Links:

Bailii

Jurisdiction:

England and Wales

Personal Injury, Negligence, Education

Updated: 26 July 2022; Ref: scu.346226

Fraser and Another v Canterbury Diocesan Board of Finance: ChD 22 Feb 2000

Where land had been acquired under the Act on trusts related specifically to the provision of education in accordance with a specified religion, the abandonment by the school of that purpose meant that the land reverted immediately to the original donor. It was clear that the trust established was not merely for educational purposes where the religious element was incidental. That element was the purpose of the gift.

Citations:

Times 22-Feb-2000

Statutes:

School Sites Act 1841

Jurisdiction:

England and Wales

Cited by:

Appeal fromFraser and Another v Canterbury Diocesan Board Of Finance (No 1) CA 24-Nov-2000
A grant of land was made under the 1841 Act in 1872 (after the 1870 Act) and the school had in 1874 been transferred to a school board under section 23 of the 1870 Act. The school closed permanently in 1992. The issue was whether reverter had . .
CitedFraser and Another v Canterbury Diocesan Board of Finance and others HL 27-Oct-2005
Land had been acquired by a deed under the 1841 Act, but had in 1995 ceased to be used as a school ‘for the education of children and adults of the labouring manufacturing and other poorer classes . . And for no other purpose ‘. Under the Act, the . .
Lists of cited by and citing cases may be incomplete.

Land, Ecclesiastical, Education

Updated: 25 July 2022; Ref: scu.80664

Regina v Islington Borough Council Ex Parte Rixon: QBD 17 Apr 1996

The local authority regarded lack of resources or facilities as an insuperable obstacle to any further attempt to make provision under the 1970 Act.
Held: A Local Authority should allow for non-statutory guidance in assessing a disabled person’s education needs. Local authorities may only depart from the Secretary of State’s guidance for good reason.
Sedley J said: ‘In my judgment Parliament in enacting section 7(1) did not intend local authorities to whom ministerial guidance was given to be free, having considered it, to take it or leave it. Such a construction would put this kind of statutory guidance on a par with the many forms of non-statutory guidance issued by departments of state . . Parliament by section 7(1) has required local authorities to follow the path charted by the secretary of state’s guidance, with liberty to deviate from it where the local authority judges on admissible grounds that there is good reason to do so, but without freedom to take a substantially different course.’

Judges:

Sedley J

Citations:

Times 17-Apr-1996, (1998) 1 CCLR 119, [1997] ELR 66

Statutes:

National Health Service and Community Care Act 1990 47(1)(b)

Jurisdiction:

England and Wales

Cited by:

CitedRegina on the Application of Goldsmith v The London Borough of Wandsworth CA 27-Aug-2004
The claimant, a very elderly lady had lived in a residential home for some time. She fell and was admitted to hospital. The respondent said she could only leave the hospital to go to a nursing home. She and her family sought her return to the . .
CitedRegina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz HL 13-Oct-2005
The claimant was detained in a secure Mental Hospital. He complained at the seclusions policy applied by the hospital, saying that it departed from the Guidance issued for such policies by the Secretary of State under the Act.
Held: The House . .
CitedLambeth London Borough Council v Ireneschild CA 16-Mar-2007
The tenant held a secure tenancy of a first floor flat of the Council. She was severely disabled and argued that the danger of injury meant that she should be allowed to occupy the empty ground floor flat. She complained at the way the authority had . .
CitedSavva, Regina (on The Application of) v Royal Borough of Kensington and Chelsea Admn 11-Mar-2010
The claimant challenged the defendant’s policies on caring for elderly people within the community saying that it provided insufficient funds, and the procedures for review were inadequate and infringed her human rights. . .
CitedBarrett v Kirklees Metropolitan Council Admn 12-Mar-2010
The claimant challenged the policy of the defendant to pay support to special guardians appointed under the 2002 Act at two thirds only of the rate it paid in fostering allowance.
Held: The policy was a substantial and insufficiently justified . .
Lists of cited by and citing cases may be incomplete.

Education

Updated: 23 July 2022; Ref: scu.86975

E v The Governing Body of JFS and Another: Admn 16 Jul 2008

Application for leave to appeal.

Judges:

Munby J

Citations:

[2008] EWHC 1665 (Admin)

Links:

Bailii

Statutes:

Race Relations Act 1976

Jurisdiction:

England and Wales

Citing:

Principle judgementE v The Governing Body of JFS and Another Admn 3-Jul-2008
The court considered the impact of secular discrimination policy on admissions policies of religious schools.
Held: A school admissions policy which gave priority to children of their designated faith did not discriminate unlawfully either . .

Cited by:

CitedWatkins-Singh, Regina (on the Application of) v The Governing Body of Aberdare Girls’ High School and Another Admn 29-Jul-2008
Miss Singh challenged her school’s policy which operated to prevent her wearing while at school a steel bangle, a Kara. She said this was part of her religion as a Sikh.
Held: Earlier comparable applications had been made under human rights . .
Leave to appealE, Regina (On the Application of) v The Governing Body of JFS and Another CA 25-Jun-2009
E challenged the admissions policy of a school which admitted by preference children acknowledged to be Jewish by the Office of their Rabbi. His mother being Jewish by conversion in a progressive synagogue, E was excluded. The claimant suggested . .
Leave to AppealE, Regina (On the Application of) v Governing Body Of JFS and Another CA 10-Jul-2009
. .
CitedE, Regina (On the Application of) v Governing Body of JFS and Another SC 14-Oct-2009
The claimant had successfully challenged the policy of the school as racially discriminatory. He now sought an ancillary order that the respondents should not be allowed to request their costs from the defendant’s appeal whatever the outcome, the . .
See AlsoE, Regina (on The Application of) v Governing Body of JFS and Another SC 16-Dec-2009
E complained that his exclusion from admission to the school had been racially discriminatory. The school applied an Orthodox Jewish religious test which did not count him as Jewish because of his family history.
Held: The school’s appeal . .
Lists of cited by and citing cases may be incomplete.

Education, Discrimination

Updated: 17 July 2022; Ref: scu.270846

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 community, and set uniform standards accordingly. However sincere her religious beliefs, the claimant had chosen not to comply with the school rules, and had excluded herself.

Citations:

[2004] EWHC 1389 (Admin), Times 18-Jun-2004, [2004] ELR 374

Links:

Bailii

Statutes:

European Convention on Human Rights 9

Jurisdiction:

England and Wales

Citing:

CitedRegina on Application of A v Head Teacher of Penlan School And; Governors of Penlan School and and City and County of Swansea Admn 31-Aug-2001
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 . .
CitedCampbell and Cosans v The United Kingdom ECHR 25-Feb-1982
To exclude a child from school for as long as his parents refused to let him be beaten ‘cannot be described as reasonable and in any event falls outside the State’s power of regulation in article 2’. The Convention protects only religions and . .
CitedKokkinakis v Greece ECHR 25-May-1993
The defendant was convicted for proselytism contrary to Greek law. He claimed a breach of Article 9.
Held: To say that Jehovah’s Witness were proselytising criminally was excessive. Punishment for proselytising was unlawful in the . .
CitedHasan and Chaush v Bulgaria ECHR 26-Oct-2000
The Grand Chamber considered executive interference in the appointment of the Chief Mufti of the Bulgarian Muslims: ‘Where the organisation of the religious community is at issue, Article 9 must be interpreted in the light of Article 11 of the . .
CitedFinland ECHR 3-Dec-1996
(Commission) An employee of the Finnish State Railways was dismissed for failing to respect his working hours on the basis that to work after sunset on a Friday was forbidden by the Seventh Day Adventist Church, of which he was a member.
Held: . .
CitedStedman v United Kingdom ECHR 9-Apr-1997
(Commission) The applicant alleged that her dismissal for refusal to work on Sundays constituted a violation of her freedom to manifest her religion in worship, practice and observance, contrary to Article 9.
Held: The Commission first had to . .
CitedSilver And Others v The United Kingdom ECHR 25-Mar-1983
There had been interference with prisoners’ letters by prison authorities. The Commission considered Standing Orders and Circular Instructions in relation to restrictions on correspondence. The rules were not available to prisoners and were . .
CitedRelating to certain aspects of the laws on the use of languages in education in Belgium (Belgian Linguistics) No 2 ECHR 9-Feb-1967
The applicants, parents of more than 800 Francophone children, living in certain (mostly Dutch-speaking) parts of Belgium, complained that their children were denied access to an education in French.
Held: In establishing a system or regime to . .
CitedAli v The Head Teacher and Governors of Lord Grey School CA 29-Mar-2004
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 . .
CitedIn re L (a minor by his father and litigation friend); Regina v Governors of J School, ex parte L HL 27-Feb-2003
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 . .

Cited by:

Appeal fromSB, Regina (on the Application of) v Denbigh High School CA 2-Mar-2005
The applicant, a Muslim girl sought to be allowed to wear the gilbab to school. The school policy which had been approved by Muslim clerics prohibited this, saying the shalwar kameeze and headscarf were sufficient. The school said she was making a . .
At First InstanceBegum (otherwise SB), Regina (on the Application of) v Denbigh High School HL 22-Mar-2006
The student, a Muslim wished to wear a full Islamic dress, the jilbab, but this was not consistent with the school’s uniform policy. She complained that this interfered with her right to express her religion.
Held: The school’s appeal . .
Lists of cited by and citing cases may be incomplete.

Education, Discrimination

Updated: 13 July 2022; Ref: scu.198223

Smith, Regina (on the Application of) v General Teaching Council for England: Admn 8 Jun 2007

Appeal against finding that applicant was guilty of unacceptable professional misconduct as a teacher and the issue of a prohibition order.

Judges:

McCombie J

Citations:

[2007] EWHC 1675 (Admin)

Links:

Bailii

Statutes:

Teaching and Higher Education Act 1988

Jurisdiction:

England and Wales

Education

Updated: 11 July 2022; Ref: scu.254610

Mursel Eren v Turkey: ECHR 7 Feb 2006

The annulment of a student’s examination results, which resulted in his being denied access to university, was held to violate A2P1.

Citations:

60856/00, [2006] ECHR 119, (2007) 44 EHRR 28

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights A2P1

Jurisdiction:

Human Rights

Cited by:

CitedA v Essex County Council SC 14-Jul-2010
The claimant, a severely disabled child sought damages, saying that for well over a year, the local authority had made no provision for his education.
Held: His appeal against the striking out of his action failed. The correct approach had . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Education

Updated: 05 July 2022; Ref: scu.239508

R, Regina (on the Application of) v Leeds Magistrates Court and others: Admn 28 Jun 2005

A 15-year-old girl did not go to school because she was bullied there and her mother kept her away.
Held: the mother had failed to meet her duties under the Act.

Judges:

Davis J

Citations:

[2005] EWHC 1479 (Admin), [2005] ELR 589

Links:

Bailii

Statutes:

Education Act 1996 444

Jurisdiction:

England and Wales

Cited by:

CitedIsle of Wight Council v Platt SC 6-Apr-2017
Regular school attendance is following the rules
The respondent had taken his child out of school during term time to go on holiday. The child otherwise had an excellent attendance record. The Council having failed on appeal to the Administrative Court, it appealed saying that the word ‘regularly’ . .
Lists of cited by and citing cases may be incomplete.

Education, Crime

Updated: 01 July 2022; Ref: scu.228903

DN (By her Father and Litigation Friend RN) v London Borough of Greenwich: CA 8 Dec 2004

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.

Judges:

Lord Justice Brooke Sir Martin Nourse Lord Justice May The Vice President Of The Court Of Appeal (Civil Division)

Citations:

[2004] EWCA Civ 1659, Times 23-Dec-2004

Links:

Bailii

Jurisdiction:

England and Wales

Education, Negligence, Legal Aid

Updated: 27 June 2022; Ref: scu.220213

Gaisiance, Regina (on the Application of) v McLone and others: CA 6 Feb 2002

‘application for permission to appeal against a refusal by Turner J to permit the applicant to apply for judicial review. The application for judicial review was directed to the examining board which ran the examinations taken by the applicant in the summer of 2001. Underlying the application is his clear concern that he has not been dealt with fairly in relation to his marks, although the form of the application is somewhat unusual.’

Judges:

Latham LJ

Citations:

[2002] EWCA Civ 125

Links:

Bailii

Jurisdiction:

England and Wales

Education

Updated: 23 June 2022; Ref: scu.216784

Slough Borough Council v C, Special Educational Needs and Disability Tribunal: QBD 22 Jul 2004

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.

Judges:

Mr Justice Richards

Citations:

[2004] EWHC 1759 (Admin), Times 27-Aug-2004

Links:

Bailii

Statutes:

Education Act 1996 sch27p8

Jurisdiction:

England and Wales

Citing:

CitedChagos Islanders v Attorney-General and Another CA 22-Jul-2004
The claimants sought leave to appeal against a finding that they had no cause of action for their expulsion from their islands.
Held: ‘Exile without colour of law is forbidden by Magna Carta. That it can amount to a public law wrong is already . .
Lists of cited by and citing cases may be incomplete.

Education

Updated: 11 June 2022; Ref: scu.199486

Burbaud v Ministere de l’Emploi et de la Solidarite: ECJ 9 Sep 2003

ECJ 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).

Citations:

C-285/01, [2003] EUECJ C-285/01

Links:

Bailii

Jurisdiction:

European

Education

Updated: 08 June 2022; Ref: scu.186323

Barnfather v London Borough of Islington Education Authority, Secretary of State for Education and Skills: QBD 7 Mar 2003

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.’

Judges:

Mr Justice Elias, The Honourable Mr Justice Mackay

Citations:

[2003] EWHC 418 (Admin), Times 20-Mar-2003, [2003] 1 WLR 2318

Links:

Bailii

Statutes:

Education Act 1996 444(1), European Convention on Human Rights 6.2

Jurisdiction:

England and Wales

Citing:

CitedRegina v Lambert HL 5-Jul-2001
Restraint on Interference with Burden of Proof
The defendant had been convicted for possessing drugs found on him in a bag when he was arrested. He denied knowing of them. He was convicted having failed to prove, on a balance of probabilities, that he had not known of the drugs. The case was . .
CitedRegina v Daniel CACD 22-Mar-2002
The defendant appealed a conviction for hiding assets from her receiver following her bankruptcy. He said that recent case law suggested that the burden of establishing the defence under section 352 was evidential only.
Held: The conviction . .
CitedMatthews v Ministry of Defence HL 13-Feb-2003
The claimant sought damages against the Crown, having suffered asbestosis whilst in the armed forces. He challenged the denial to him of a right of action by the 1947 Act.
Held: Human rights law did not create civil rights, but rather voided . .
CitedRegina v S (Trade Mark Defence) (Roger Sliney v London Borough of Havering) CACD 20-Nov-2002
The defendant alleged that the offence of which had been convicted, under the 1994 Act, infringed his rights under article 6.2 in reversing the burden of proof.
Held: The principle that the duty of proof lay on the prosecution was subject to . .

Cited by:

CitedSutton London Borough Council v S and Another QBD 26-Oct-2004
Parents had had charges brought against them by the appellant for failing to ensure the attendance of their child at school dismissed. The authority appealed.
Held: The authority should have considered more carefully whether it was appropriate . .
CitedRegina v G (Secretary of State for the Home Department intervening) HL 18-Jun-2008
The defendant was fifteen. He was convicted of statutory rape of a 13 year old girl, believing her to be 15. He appealed saying that as an offence of strict liability he had been denied a right to a fair trial, and also that the offence charged was . .
CitedLondon Borough of Sutton v S Admn 26-Oct-2004
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 . .
CitedIsle of Wight Council v Platt Admn 13-May-2016
The Council appealed by case stated against a decision by magistrates that a parent who took his child out of school to take a holiday hod not failed to ensure that the child attended regularly. The record was otherwise regular and satisfactory.
Lists of cited by and citing cases may be incomplete.

Education, Crime, Human Rights

Updated: 07 June 2022; Ref: scu.179544

Regina (on the Application of Sivasubramaniam) v Wandsworth County Court: Admn 13 Dec 2001

The applicant sought to appeal against a refusal of leave to appeal against an arbitration. There had been some delay for the applicant’s health.
Held: Leave to appeal having been refused there was no further right of appeal under the 1999 Act. A court will not entertain judicial review proceedings where an alternative remedy subsists.

Judges:

Mr Justice Hooper

Citations:

[2001] EWHC Admin 1079

Links:

Bailii, Bailii

Statutes:

Access to Justice Act 1999 54(1)

Cited by:

Appeal fromSivasubramaniam v Wandsworth County Court, Management of Guildford College of Further and Higher Education and Another CA 28-Nov-2002
Having had various claims made in county courts rejected, the applicant was then refused leave to appeal. He sought judicial review of the refusal to give leave to appeal, and now appealed the refusal of leave to apply for a judicial review.
AppliedGregory and Gregory v Turner, Turner; Regina (Morris) v North Somerset Council CA 19-Feb-2003
The parties were involved in a boundary dispute. One granted an enduring power of attorney, and sought to appear as a litigant in person through the power.
Held: The right of a litigant in person to represent himself was a personal right, and . .
AppliedRegina on the Application of M v Immigration Appeal Tribunal; Regina (G) v Immigration Appeal Tribunal CA 16-Dec-2004
The appellants sought judicial review of the refusal of asylum. They sought leave to appeal to the Immigration Appeal Tribunal, but that had been refused. They then sought a statutory review by a judge of the Administrative division. That review . .
AppliedCart, Regina (on The Application of) v The Upper Tribunal and Others CA 23-Jul-2010
The claimant had sought and been refused judicial review of a decision of the SIAC Upper Tribunal. The Upper Tribunals were designated as courts of superior record, and the court at first instance had said that SIACs specialist procedures and . .
Lists of cited by and citing cases may be incomplete.

Education, Judicial Review

Updated: 05 June 2022; Ref: scu.167366

Regina (on the Application on Denis James Galligan) v the Chancellor Masters and Scholars of the University of Oxford: Admn 22 Nov 2001

The applicant was director of the institute for socio-legal studies in Oxford. He made a decision to exclude a lecturer, and now challenged a decision by the University to set up an external enquiry into his decision, after an earlier decision to support the exclusion. The terms of the enquiry risked raising matters which might lead to disciplinary proceedings against the claimant.
Held: The decision had been taken under the Chancellor’s general powers and could not be described as perverse or unreasonable. The claimant would not be put at risk of disciplinary proceedings. A legitimate expectation claim required to establish just what had been promised, whether it intended to act unlawfully with regard to that commitment, and what the court should do. No claim for legitimate expectation arose.

Judges:

Justice Scott Baker

Citations:

[2001] EWHC Admin 965

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedRegina v British Broadcasting Corporation ex parte Lavelle 1983
Prerogative remedies are only available to impugn a decision of a tribunal which is performing a public duty. Judicial review is not applicable in a strict master and servant relationship based on private contract of employment as there is no . .
CitedRegina v London Borough of Newham and Bibi and Al-Nashed CA 26-Apr-2001
The housing authority had mistakenly thought that it was obliged to re-house the applicants under the Act with secure accommodation, and promised them accordingly.
Held: That promise had created a legitimate expectation: ‘In all legitimate . .
Lists of cited by and citing cases may be incomplete.

Education, Administrative

Updated: 05 June 2022; Ref: scu.167272

Regina v Kirklees Metropolitan Borough Council ex parte Beaumont and others: QBD 22 Nov 2000

Local councillors who sat as governors of one school should not have voted on a motion regarding the closure of a neighbouring school. They had a clear, if indirect, financial interest in the issue and should have declared the interest and declined to vote. Membership of a school governors council was not listed in the Code of Practice, but the Code was not a complete list of interests which might be declarable.

Citations:

Times 22-Nov-2000

Statutes:

National Code of Local Government Conduct (DoE Circular 8/90)

Jurisdiction:

England and Wales

Local Government, Education

Updated: 05 June 2022; Ref: scu.88523

Regina v Governors of B School, ex parte W: QBD 14 Nov 2000

A requirement that a school child be re-instated in school after exclusion, was a requirement of re-admission to the school, not full re-admission into classes. Re-instatement was not to be given any elaborate meaning. Things could not always be out back just as they were, and provided the child was being educated in the school, it could not be said that she was still excluded. However a blanket refusal by teaching unions and their members to teach the child bordered on irrational.

Citations:

Times 14-Nov-2000, Gazette 23-Nov-2000

Statutes:

School Standards and Framework Act 1998

Jurisdiction:

England and Wales

Education

Updated: 05 June 2022; Ref: scu.88481

Marchant and Others v Onslow: ChD 12 Nov 1993

School site reverts to original grantors when land is not part of an estate.

Citations:

Times 12-Nov-1993

Statutes:

School Sites Act 1841 2

Jurisdiction:

England and Wales

Cited by:

DisapprovedFraser and Another v Canterbury Diocesan Board Of Finance (No 1) CA 24-Nov-2000
A grant of land was made under the 1841 Act in 1872 (after the 1870 Act) and the school had in 1874 been transferred to a school board under section 23 of the 1870 Act. The school closed permanently in 1992. The issue was whether reverter had . .
Lists of cited by and citing cases may be incomplete.

Education

Updated: 04 June 2022; Ref: scu.83403

Regina v Secretary of State for Education and Employment, Ex Parte Amraf Training Plc: QBD 17 Oct 2000

Although the department had registered a course for an eighty per cent subsidy for trainees, in the absence of knowledge of what fees would be charged, it remained open to the department later to withdraw that recognition when the amounts payable appeared not to represent value for money, and even though students had been accepted onto the course. The existing students had been allowed to complete the course, and the provider offered the opportunity to apply to re-register at a lower course fee, but had refused. Value for money was a relevant factor.

Citations:

Times 17-Oct-2000

Jurisdiction:

England and Wales

Education, Administrative

Updated: 31 May 2022; Ref: scu.87704

Jones, Regina (Y Frenhines Ar Gais) v Cyngor Sir Ddinbych: Admn 12 Aug 2016

(Judgment in Welsh) Application to challenge order for closusure of two primary schools.

Judges:

Jarman J

Citations:

[2016] EWHC 2074 (Admin)

Links:

Bailii

Statutes:

School Standards and Organisation (Wales) Regulations 2013

Jurisdiction:

England and Wales

Cited by:

See Also (in Welsh)Jones, Regina (on The Application of) v Denbighshire County Council Admn 12-Aug-2016
Challenge to decision to close two primary schools. . .
Lists of cited by and citing cases may be incomplete.

Wales, Education

Updated: 30 May 2022; Ref: scu.568838

Jones, Regina (on The Application of) v Denbighshire County Council: Admn 12 Aug 2016

Challenge to decision to close two primary schools.

Citations:

[2016] EWHC 2074 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also (in Welsh)Jones, Regina (Y Frenhines Ar Gais) v Cyngor Sir Ddinbych Admn 12-Aug-2016
(Judgment in Welsh) Application to challenge order for closusure of two primary schools. . .
Lists of cited by and citing cases may be incomplete.

Wales, Education

Updated: 22 May 2022; Ref: scu.568837

Regina v Dyfed County Council Ex Parte S (Minors): CA 25 Jul 1994

No objection was to be taken for English children sent to mainly Welsh speaking school. They were not entitled to transport to a school with a greater number of English speakers.

Citations:

Independent 12-Aug-1994, Times 25-Jul-1994

Jurisdiction:

England and Wales

Citing:

Appeal fromRegina v Dyfed County Council Ex Parte S (Minors) QBD 21-Dec-1993
No Judicial Review was available for English speaking children who had allocated to a Welsh speaking school. . .

Cited by:

CitedJones, Regina (on the Application of) v Ceredigion County Council Admn 22-Jun-2004
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 . .
Lists of cited by and citing cases may be incomplete.

Education, Discrimination

Updated: 20 May 2022; Ref: scu.86597

Regina v Islington London Borough Council, ex parte G A (a Child): Admn 20 Oct 2000

The child was severely disabled and was to be schooled as a weekday boarder 75 miles from home. He sought assistance with the travelling expenses when his condition worsened and the arrangements became more burdensome.
Held: It was not open to a local authority to refuse to contribute to a child’s travelling expenses to a school named in his statement, on the basis that he might attend another school nearby which was not named as appropriate in his statement of special educational needs, or to make attendance conditional upon an agreement regarding payment by the parents of travelling expenses. The council’s decision was Wednesbury unreasonable since they had failed to consider the changes in the child’s transport needs since the statement was made, and the parents’ financial circumstances. Any bar to a judicial review operated against the parents not the child. ‘the matter must go back to the authority which must reconsider its decision giving proper consideration to all the changes of circumstances and not taking into account of its belief that G.A.’s needs could be met at a local school not named in the statement.’

Judges:

Jack Heatson QC

Citations:

Times 20-Oct-2000, [2000] EWHC Admin 390

Links:

Bailii

Statutes:

Education Act 1996 324(5)(a)(ii), 19 509

Citing:

CitedRegina v London Borough of Havering ex parte ‘K’ Admn 20-Aug-1997
A statement of special education needs stated in Part IV that the child’s mother was to be responsible for providing transport at her own expense. She subsequently became unable to maintain the transport provision due to her personal circumstances . .
CitedSurrey County Council v Ministry of Education 1953
The council had a scheme whereby for those who lived more than the walking distance from a school, only transport from their homes to the walking distance would be free. The scheme failed because transport has to be to and from school. A local . .
CitedRegina v Devon County Council, ex parte George HL 1989
A child lived 2.8 miles from school. The journey was rural and unlit. Whe he was 8, the education authority withdrew free transport saying it was practicable for a parent to walk with him.
Held: The decision whether to offer support was that . .
CitedRegina v East Sussex County Council Ex Parte T QBD 29-Apr-1997
Financial constraints on a local authority may be is relevant as between a choice of provisions but not as to whether to make provision at all. The court is not the arbiter of what constitute suitable arrangements and the decision as to suitability . .
CitedRobert Duhaney White v London Borough of Ealing and Special Educational Needs Tribunal Admn 8-Jul-1997
Gilliatt The court heard three separate appeals from decisions of SENTs where parents wished their autistic children to attend the Boston Higashi School, USA which involved a residential placement. Fees to attend . .
CitedJenkins v Howells KBD 1949
A pupil had been continuously away from school because her mother was a chronic invalid and it was necessary for the girl to assist with housework. When the mother was prosecuted pursuant to the Act, she contended that her daughter’s absence was the . .
CitedRe C (a minor) CA 1994
The question was whether a school which was not that of parental choice could be regarded as suitable or, to put it the other way round, whether free transport had to be provided where a parent had chosen a school which was not the nearest to the . .
Lists of cited by and citing cases may be incomplete.

Education, Judicial Review

Updated: 19 May 2022; Ref: scu.88513

C v Lambeth London Borough Council and Another: QBD 27 May 1999

In deciding whether to make a special needs assessment, a local education authority can allow for the fact that parents have made available to their child privately special assistance, which, if continued, might allow the child to lead a normal school life.

Citations:

Times 27-May-1999

Statutes:

Education Act 1996 323

Education

Updated: 19 May 2022; Ref: scu.78808

Bradford-Smart v West Sussex County Council: QBD 5 Dec 2000

A school had a duty to protect its pupils from bullying, but that duty stopped at the school gate. Even though the school might know of the bullying, it would not be practical, nor just, nor fair, nor reasonable, to extend its duty in such a way. The school should take effective defensive measure, as regards what happened within the school. It could choose to take pro-active measures beyond that, but it should not be obliged to do so.

Citations:

Gazette 15-Dec-2000, Times 05-Dec-2000

Negligence, Education

Updated: 18 May 2022; Ref: scu.78544

B v Harrow London Borough Council and Another: HL 8 Jan 1992

The claimant asked the education authority to provide education for a child with special needs. The parent expressed a preference for a school outside the authority’s area. The question at issue was, when deciding whether such a placement would be an effective use of the resources, the effect of the placement on both authorities was to be considered. It was held that the Act allowed only the circumstances of the placing authority to be taken into account.

Citations:

Gazette 08-Jan-1992

Statutes:

Education Act 1996

Local Government, Education

Updated: 18 May 2022; Ref: scu.78059