Stephen Bowen, R (on the application of) v Kent County Council

Stephen Bowen, R (on the application of) v Kent County Council

Section 390(4)(a) of the Education Act 1996, as construed by KCC to exclude humanists from SACRE Group A, is discriminatory and breaches Article 14 ECHR. It is possible and necessary to interpret section 390(4)(a) compatibly with Convention rights to permit inclusion of non-religious beliefs such as humanism. KCC's decision to exclude Mr Bowen was unlawful.

Parties
Claimant: Stephen Bowen; Defendant: Kent County Council
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application for judicial review allowed; decision quashed
Legal Topics
Discrimination, Religious Education, Freedom of Thought, Conscience and Religion, Interpretation of Statutes, European Convention on Human Rights
Constitutional Law Education Law Human Rights Discrimination Religious Education Freedom of Thought, Conscience and Religion Interpretation of Statutes European Convention on Human Rights

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 21 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Stephen Bowen

Claimant

Kent County Council

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether Article 14 ECHR is engaged by the exclusion of a humanist from SACRE Group A membership
  2. 2 Whether section 390(4)(a) of the Education Act 1996, as construed by KCC, breaches Article 14 ECHR
  3. 3 Whether it is possible to interpret section 390(4)(a) compatibly with Convention rights under section 3 HRA 1998

Ratio Decidendi

Section 390(4)(a) of the Education Act 1996, as construed by KCC to exclude humanists from SACRE Group A, is discriminatory and breaches Article 14 ECHR. It is possible and necessary to interpret section 390(4)(a) compatibly with Convention rights to permit inclusion of non-religious beliefs such as humanism. KCC's decision to exclude Mr Bowen was unlawful.

Court Disposition

Application for judicial review allowed; decision quashed

Orders

  • The decision of Kent County Council dated 17 June 2022 is quashed as unlawful.