TZA, R (On the Application Of) v A Secondary School [2023] EWHC 1722 (Admin) (11 July 2023)

TZA, R (On the Application Of) v A Secondary School [2023] EWHC 1722 (Admin) (11 July 2023)

There is no statutory or common law requirement for contemporaneous or prior written evidence of PSED consideration in exclusion decisions; what matters is whether due regard was in fact paid before the decision. The Governing Body was entitled to accept the headteacher's evidence that the PSED was considered, and its reasons for not reinstating the pupil were adequate in the context. The PSED did not require further inquiry into the impact of exclusion beyond what was already known to the headteacher. The Governing Body did not misunderstand the PSED and gave sufficient reasons for its decision.

Citation
[2023] EWHC 1722 (Admin)
Parties
Claimant: TZA; Defendant: A Secondary School
Jurisdiction
England and Wales
Judgment Date
11 July 2023
Procedural Posture
Judicial Review / Final Judgment After Oral Hearing
Outcome
Claim dismissed
Legal Topics
Permanent Exclusion, Public Sector Equality Duty, School Discipline, Special Educational Needs, Race Discrimination, Judicial Review, Adequacy of Reasons
Administrative Law Education Law Equality and Discrimination Permanent Exclusion Public Sector Equality Duty School Discipline Special Educational Needs Race Discrimination +2 more

Case Brief

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Parties

TZA

Claimant

A Secondary School

Defendant

Procedural Posture

Judicial Review / Final Judgment After Oral Hearing

Legal Issues

  1. 1 Whether a headteacher's permanent exclusion decision is unlawful absent contemporaneous written evidence of PSED consideration
  2. 2 Whether the Governing Body's reconsideration decision was lawful and adequately reasoned
  3. 3 Whether the PSED required further inquiry into the impact of exclusion on a Black Caribbean pupil with SEN

Ratio Decidendi

There is no statutory or common law requirement for contemporaneous or prior written evidence of PSED consideration in exclusion decisions; what matters is whether due regard was in fact paid before the decision. The Governing Body was entitled to accept the headteacher's evidence that the PSED was considered, and its reasons for not reinstating the pupil were adequate in the context. The PSED did not require further inquiry into the impact of exclusion beyond what was already known to the headteacher. The Governing Body did not misunderstand the PSED and gave sufficient reasons for its decision.

Court Disposition

Claim dismissed