W and L v The Governors of B School and The Governors of J School: CA 24 Jul 2001

Just how a teacher re-incorporated a child within school, after he had first been excluded, but then re-instated by the independent appeal panel, was a matter for the head-teacher, provided only that he could not do so in any way which reflected a conclusion different to that of the panel. This may involve the use of other arrangements. The panel’s decision did not require a return to the status quo ante, but only that he be no longer excluded. The headmaster’s discretion was his general discretion, and not just that exercised under the Act.

Judges:

Lord Justice Clarke, Lord Justice Laws, Lord Justice Thorpe

Citations:

Times 20-Aug-2001, [2001] EWCA Civ 1199, [2001] LGR 561

Links:

Bailii

Statutes:

School Standards and Framework Act 1998 67(3)

Jurisdiction:

England and Wales

Citing:

Appealed toIn 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 fromIn 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 . .
Lists of cited by and citing cases may be incomplete.

Judicial Review, Education

Updated: 01 June 2022; Ref: scu.159926