SB, R (on the application of) v Denbigh High School [2005] EWCA Civ 199 (02 March 2005)

SB, R (on the application of) v Denbigh High School [2005] EWCA Civ 199 (02 March 2005)

The Court of Appeal held that the school unlawfully excluded the claimant by refusing her entry unless she complied with the uniform policy, thereby interfering with her right to manifest her religion under Article 9(1) ECHR. The school failed to approach the matter by recognising the claimant's Convention right and did not justify the interference as required by Article 9(2). The declarations sought by the claimant were granted.

Citation
[2005] EWCA Civ 199
Parties
Claimant/appellant: SB; Defendants/respondents: Headteacher and Governors of Denbigh High School
Jurisdiction
England and Wales
Judgment Date
02 March 2005
Procedural Posture
Judicial Review (administrative Law, Human Rights) / Appeal From Administrative Court to Court of Appeal
Outcome
Appeal allowed
Legal Topics
School Uniform Policy, Religious Freedom, Article 9 ECHR, Right to Education, Judicial Review, Exclusion From School
Administrative Law Education Law Human Rights Law School Uniform Policy Religious Freedom Article 9 ECHR Right to Education Judicial Review +1 more

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Parties

SB

Claimant/appellant

Headteacher and Governors of Denbigh High School

Defendants/respondents

Procedural Posture

Judicial Review (administrative Law, Human Rights) / Appeal From Administrative Court to Court of Appeal

Legal Issues

  1. 1 Whether the claimant was unlawfully excluded from school for religious reasons
  2. 2 Whether the school's uniform policy unlawfully interfered with the claimant's right to manifest her religion under Article 9 ECHR
  3. 3 Whether any such interference was justified under Article 9(2) ECHR

Ratio Decidendi

The Court of Appeal held that the school unlawfully excluded the claimant by refusing her entry unless she complied with the uniform policy, thereby interfering with her right to manifest her religion under Article 9(1) ECHR. The school failed to approach the matter by recognising the claimant's Convention right and did not justify the interference as required by Article 9(2). The declarations sought by the claimant were granted.

Court Disposition

Appeal allowed

Orders

  • Declaration that the claimant was unlawfully excluded from school
  • Declaration that the claimant was unlawfully denied the right to manifest her religion