CHF and CHM (Children), R (On the Application Of) v Newick Ce Primary School & Anor [2021] EWHC 2513 (Admin) (17 September 2021)

CHF and CHM (Children), R (On the Application Of) v Newick Ce Primary School & Anor [2021] EWHC 2513 (Admin) (17 September 2021)

A local authority and school have power to impose mandatory off-site schooling as a safeguarding separation, provided this is done collaboratively and in accordance with statutory duties under section 175 of the Education Act 2002 and section 19 of the Education Act 1996, and with due regard to statutory guidance. However, in this case, the issues regarding the claimant's prior position became academic following the formal exclusion under section 51A, and the proper remedy for challenging exclusion is through the independent review process. The court declined to grant declarations regarding past actions now overtaken by the exclusion decision.

Citation
[2021] EWHC 2513 (Admin)
Parties
Claimants: CHF and CHM; First Defendants: The Headteacher and Governors of Newick CE Primary School; Second Defendant: East Sussex County Council
Jurisdiction
England and Wales
Judgment Date
17 September 2021
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim dismissed; no relief granted
Legal Topics
School Exclusion, Statutory Powers of Schools and Local Authorities, Safeguarding in Education, Judicial Review Procedure, Section 19 Education Act 1996, Section 29 a Education Act 2002, Section 51 a Education Act 2002
Education Law Administrative Law Public Law School Exclusion Statutory Powers of Schools and Local Authorities Safeguarding in Education Judicial Review Procedure Section 19 Education Act 1996 +2 more

Case Brief

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Parties

CHF and CHM

Claimants

The Headteacher and Governors of Newick CE Primary School

First Defendants

East Sussex County Council

Second Defendant

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether section 19 of the Education Act 1996 provides power to impose mandatory off-site schooling as a safeguarding separation
  2. 2 Whether section 29A of the Education Act 2002 was lawfully invoked
  3. 3 Whether the claimant child was in substance excluded from school prior to formal exclusion

Ratio Decidendi

A local authority and school have power to impose mandatory off-site schooling as a safeguarding separation, provided this is done collaboratively and in accordance with statutory duties under section 175 of the Education Act 2002 and section 19 of the Education Act 1996, and with due regard to statutory guidance. However, in this case, the issues regarding the claimant's prior position became academic following the formal exclusion under section 51A, and the proper remedy for challenging exclusion is through the independent review process. The court declined to grant declarations regarding past actions now overtaken by the exclusion decision.

Court Disposition

Claim dismissed; no relief granted