S, R (on the application of) v The Governing Body of YP School [2003] EWCA Civ 1306 (11 July 2003)

S, R (on the application of) v The Governing Body of YP School [2003] EWCA Civ 1306 (11 July 2003)

In school disciplinary proceedings where the accusation amounts to a crime, the criminal standard of proof must be applied; as it was not clearly applied in this case, the exclusion decision must be quashed.

Citation
[2003] EWCA Civ 1306
Parties
Claimant/appellant: The Queen (on the application of S); Defendant/respondent: The Governing Body of Y P School
Jurisdiction
England and Wales
Judgment Date
11 July 2003
Procedural Posture
Judicial Review / Appeal From High Court (administrative Court) to Court of Appeal
Outcome
Appeal allowed
Legal Topics
School Exclusion, Standard of Proof, Procedural Fairness, Article 6 ECHR, Judicial Review
Education Law Administrative Law Human Rights Law School Exclusion Standard of Proof Procedural Fairness Article 6 ECHR Judicial Review

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Parties

The Queen (on the application of S)

Claimant/appellant

The Governing Body of Y P School

Defendant/respondent

Procedural Posture

Judicial Review / Appeal From High Court (administrative Court) to Court of Appeal

Legal Issues

  1. 1 What is the appropriate standard of proof for a disciplinary accusation amounting to a crime in a school context?
  2. 2 Whether the exclusion process satisfied procedural fairness requirements
  3. 3 Compatibility of section 64 of the School Standards and Framework Act 1998 with Article 6 ECHR

Ratio Decidendi

In school disciplinary proceedings where the accusation amounts to a crime, the criminal standard of proof must be applied; as it was not clearly applied in this case, the exclusion decision must be quashed.

Court Disposition

Appeal allowed

Orders

  • Order of Maurice Kay J set aside
  • Certiorari granted to quash the decision of the governing body excluding S