NAA (by his litigation friend NAD) v An Independent Review Panel & Anor

NAA (by his litigation friend NAD) v An Independent Review Panel & Anor

The local authority was in breach of its positive obligations under Article 4 ECHR by failing to notify the school and governing body of the Reasonable Grounds decision that NAA was a potential victim of child criminal exploitation, as this information was material to the exclusion process and could have led to a different outcome. However, the claim based on breach of section 52 Modern Slavery Act 2015 was out of time and permission was refused. The IRP's decision was not irrational given the case presented to it and the discretion exercised. Relief was limited to a declaration of breach of Article 4 ECHR; no damages were awarded.

Parties
Claimant: NAA (by his litigation friend NAD); 1st Defendant: An Independent Review Panel; 2nd Defendant: London Borough of Haringey; Interested Party: Governing Body of a School
Jurisdiction
England and Wales
Judgment Date
08 June 2025
Procedural Posture
Judicial Review / Substantive Judgment After Rolled Up Hearing
Outcome
Partial grant of permission for judicial review; declaration of breach of Article 4 ECHR; other grounds refused (including s.52 MSA 2015 and challenge to IRP decision)
Legal Topics
Judicial Review, School Exclusion, Modern Slavery, Human Trafficking, Article 4 ECHR, Children's Rights, Procedural Fairness
Administrative Law Education Law Human Rights Law Child Protection Judicial Review School Exclusion Modern Slavery Human Trafficking +3 more

Case Brief

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Parties

NAA (by his litigation friend NAD)

Claimant

An Independent Review Panel

1st Defendant

London Borough of Haringey

2nd Defendant

Governing Body of a School

Interested Party

Procedural Posture

Judicial Review / Substantive Judgment After Rolled Up Hearing

Legal Issues

  1. 1 Whether the local authority breached section 52 of the Modern Slavery Act 2015 by failing to refer the claimant as a potential victim of trafficking
  2. 2 Whether the local authority breached its positive obligations under Article 4 ECHR by failing to notify the school and governing body of the Reasonable Grounds decision
  3. 3 Whether the Independent Review Panel's decision was irrational for failing to recommend reconsideration in light of the Reasonable Grounds decision

Ratio Decidendi

The local authority was in breach of its positive obligations under Article 4 ECHR by failing to notify the school and governing body of the Reasonable Grounds decision that NAA was a potential victim of child criminal exploitation, as this information was material to the exclusion process and could have led to a different outcome. However, the claim based on breach of section 52 Modern Slavery Act 2015 was out of time and permission was refused. The IRP's decision was not irrational given the case presented to it and the discretion exercised. Relief was limited to a declaration of breach of Article 4 ECHR; no damages were awarded.

Court Disposition

Partial grant of permission for judicial review; declaration of breach of Article 4 ECHR; other grounds refused (including s.52 MSA 2015 and challenge to IRP decision)

Orders

  • Permission for judicial review refused on s.52 Modern Slavery Act 2015 ground due to delay
  • Permission for judicial review refused on unpleaded Article 4 ECHR breaches