CWJ, R (On the Application Of) v Director of Legal Aid Casework & Anor [2025] EWHC 306 (Admin) (14 February 2025)

CWJ, R (On the Application Of) v Director of Legal Aid Casework & Anor [2025] EWHC 306 (Admin) (14 February 2025)

The Director of Legal Aid Casework did not err in law in refusing exceptional case funding for representation before the school exclusion review panel. The review panel proceedings did not involve the determination of a 'civil right' for the purposes of Article 6 ECHR, as the panel could not make a directly decisive determination of discrimination claims under the Equality Act 2010, which are reserved to the county court. The public sector equality duty is a duty of process and does not confer a civil right within the meaning of Article 6. Article 8 and Article 2 Protocol 1 (alone or with Article 14) were not engaged on the facts of this case. The Lord Chancellor's Exceptional Case...

Citation
[2025] EWHC 306 (Admin)
Parties
Claimant: CWJ; First Defendant: Director of Legal Aid Casework; Second Defendant: Lord Chancellor; Intervener: MIND
Jurisdiction
England and Wales
Judgment Date
14 February 2025
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Legal Aid, Exceptional Case Funding, Permanent School Exclusion, Public Sector Equality Duty, Article 6 ECHR, Article 8 ECHR, Article 2 Protocol 1 ECHR, Article 14 ECHR
Administrative Law Education Law Human Rights Law Equality and Discrimination Law Legal Aid Exceptional Case Funding Permanent School Exclusion Public Sector Equality Duty +4 more

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Parties

CWJ

Claimant

Director of Legal Aid Casework

First Defendant

Lord Chancellor

Second Defendant

MIND

Intervener

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Director of Legal Aid Casework erred in refusing exceptional case funding for representation before a school exclusion review panel.
  2. 2 Whether the review panel proceedings involved the determination of 'civil rights' for the purposes of Article 6 ECHR.
  3. 3 Whether Article 8 ECHR and/or Article 2 Protocol 1 (alone or with Article 14) are engaged in the context of permanent school exclusion and legal aid funding.

Ratio Decidendi

The Director of Legal Aid Casework did not err in law in refusing exceptional case funding for representation before the school exclusion review panel. The review panel proceedings did not involve the determination of a 'civil right' for the purposes of Article 6 ECHR, as the panel could not make a directly decisive determination of discrimination claims under the Equality Act 2010, which are reserved to the county court. The public sector equality duty is a duty of process and does not confer a civil right within the meaning of Article 6. Article 8 and Article 2 Protocol 1 (alone or with Article 14) were not engaged on the facts of this case. The Lord Chancellor's Exceptional Case...

Court Disposition

Claim dismissed

Orders

  • Permission to amend claim form to add Article 2 Protocol 1 and Article 14 grounds granted.
  • Permission to challenge the 2023 ECF Guidance refused.