TZA, R (on the application of) v A Secondary School

TZA, R (on the application of) v A Secondary School

The Governing Body’s reconsideration decision was lawful because it itself had due regard to the PSED, adequately considered the relevant protected characteristics, and provided sufficient reasons for its decision. Any procedural or reasoning errors by the Headteacher were cured by the Governing Body’s own lawful and reasoned decision-making process.

Parties
Claimant/appellant: TZA; Defendant/respondent: A Secondary School
Jurisdiction
England and Wales
Judgment Date
03 April 2025
Procedural Posture
Judicial Review (education Law) / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Judicial Review, School Exclusion, Public Sector Equality Duty (psed), Special Educational Needs (sen), Permanent Exclusion, Reasoned Decision Making, Procedural Fairness
Administrative Law Education Law Equality and Discrimination Law Judicial Review School Exclusion Public Sector Equality Duty (psed) Special Educational Needs (sen) Permanent Exclusion +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

TZA

Claimant/appellant

A Secondary School

Defendant/respondent

Procedural Posture

Judicial Review (education Law) / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the Headteacher and Governing Body complied with the Public Sector Equality Duty (PSED) under section 149 Equality Act 2010 when permanently excluding a pupil with protected characteristics.
  2. 2 Whether the Governing Body provided adequate reasons in its reconsideration decision following an Independent Review Panel (IRP) recommendation.

Ratio Decidendi

The Governing Body’s reconsideration decision was lawful because it itself had due regard to the PSED, adequately considered the relevant protected characteristics, and provided sufficient reasons for its decision. Any procedural or reasoning errors by the Headteacher were cured by the Governing Body’s own lawful and reasoned decision-making process.

Court Disposition

Appeal dismissed