Ilenotuma v Teaching Regulation Agency & Anor [2024] EWHC 1158 (Admin) (15 February 2024)

Ilenotuma v Teaching Regulation Agency & Anor [2024] EWHC 1158 (Admin) (15 February 2024)

The appellant failed to file a compliant appeal within the statutory 28-day period, as neither the required fee nor a fee remission application was included. The court has no jurisdiction to extend the time limit absent exceptional circumstances, which are not present here. The appellant's right of access to the...

Source-derived case information.

Citation
[2024] EWHC 1158 (Admin)
Parties
Appellant: Monday Ilenotuma; First Respondent: Teaching Regulation Agency; Second Respondent: Secretary of State for Education
Jurisdiction
England and Wales
Judgment Date
15 February 2024
Procedural Posture
Statutory Appeal (teachers' Disciplinary) / Preliminary Hearing on Extension of Time to Appeal
Outcome
Application for extension of time refused; appeal out of time.
Legal Topics
Extension of Time, Statutory Appeals, Right of Appeal, Article 6 ECHR, Fee Remission, Prohibition Order
Administrative Law Education Law Civil Procedure Extension of Time Statutory Appeals Right of Appeal Article 6 ECHR Fee Remission +1 more

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Parties

Monday Ilenotuma

Appellant

Teaching Regulation Agency

First Respondent

Secretary of State for Education

Second Respondent

Procedural Posture

Statutory Appeal (teachers' Disciplinary) / Preliminary Hearing on Extension of Time to Appeal

Legal Issues

  1. 1 Whether the appellant's appeal was filed in time
  2. 2 Whether the court has jurisdiction to extend the statutory time limit for appeal
  3. 3 Whether exceptional circumstances exist to justify extension of time under Article 6 ECHR

Ratio Decidendi

The appellant failed to file a compliant appeal within the statutory 28-day period, as neither the required fee nor a fee remission application was included. The court has no jurisdiction to extend the time limit absent exceptional circumstances, which are not present here. The appellant's right of access to the court under Article 6 ECHR was not impaired, as he had sufficient time and means to comply with the requirements.

Court Disposition

Application for extension of time refused; appeal out of time.

Orders

  • No extension of time granted.
  • Appeal dismissed as out of time.