SUZ v The Mount School Ltd

SUZ v The Mount School Ltd

It is clearly arguable that the school did not act compatibly with its legal duties in exercising its discretion to refuse in-person attendance pending further review, and the balance of convenience and justice strongly favours granting interim relief to maintain the status quo for the final days of lessons.

Parties
Claimant: SUZ; Defendant: The Mount School Limited
Jurisdiction
England and Wales
Judgment Date
05 May 2021
Procedural Posture
Civil (contractual/private Law) / Urgent Interim Relief Application
Outcome
Interim relief granted
Legal Topics
Interim Relief, School Suspension, Procedural Fairness, Discretionary Powers of Schools, Anonymity Orders
Contract Law Education Law Interim Relief School Suspension Procedural Fairness Discretionary Powers of Schools Anonymity Orders

Case Brief

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Parties

SUZ

Claimant

The Mount School Limited

Defendant

Procedural Posture

Civil (contractual/private Law) / Urgent Interim Relief Application

Legal Issues

  1. 1 Whether the pupil should be permitted to attend in-person lessons pending further review after suspension and appeal dismissal
  2. 2 Whether the school exercised its discretion lawfully, reasonably, and fairly in refusing in-person attendance
  3. 3 Whether due process and procedural fairness were observed in the appeal process

Ratio Decidendi

It is clearly arguable that the school did not act compatibly with its legal duties in exercising its discretion to refuse in-person attendance pending further review, and the balance of convenience and justice strongly favours granting interim relief to maintain the status quo for the final days of lessons.

Court Disposition

Interim relief granted

Orders

  • The school shall continue until further order the arrangements that existed between 23 March 2021 and 30 April 2021, permitting the pupil to attend in-person lessons.
  • The claim must be commenced if not already done.