England and Wales Case Law

N, R (on the application of) v The Independent Appeal Panel of London Borough of Barking and Dagenham

N, R (on the application of) v The Independent Appeal Panel of London Borough of Barking and Dagenham [2008] EWCA Civ 813 (10 June 2008)

The Court of Appeal granted permission to appeal in a judicial review challenge over a school exclusion appeal, holding it arguable that an appeal panel should have considered SENDIST findings.

• School exclusions
• Disability discrimination
• Judicial review
• Appeal procedure
• Judicial-review
• School-exclusions

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N, R (on the application of) v The Independent Appeal Panel of London Borough of Barking and Dagenham

The Court of Appeal granted permission to appeal in a judicial review about whether an exclusion appeal panel had to consider SENDIST findings on disability discrimination.

• Judicial review
• School exclusions
• Disability discrimination
• Sendist and iap jurisdiction
• Judicial-review
• School-exclusions

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W v The Independent Appeal Panel of London Borough of Bexley

Administrative Court review of a school exclusion appeal panel. The court held the panel had considered the pupil’s admissions, gave adequate reasons, and refused relief.

• School exclusions
• Judicial review of administrative decisions
• Procedural fairness
• Standard of proof in disciplinary proceedings
• Adequacy of reasons
• School-exclusions

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X School v SP & Anor

X School v SP & Anor [2008] EWHC 389 (Admin) (03 March 2008)

High Court appeal over school exclusions of a pupil with ADHD. The court upheld findings of unlawful disability discrimination and the Tribunal’s remedies.

• Disability discrimination in education
• School exclusions
• Reasonable adjustments
• Remedies in discrimination cases
• Disability-discrimination
• School-exclusions

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X School v SP & Anor

The High Court dismissed X School’s appeal against a tribunal finding that fixed-term exclusions of a pupil with ADHD were discriminatory and unjustified.

• Disability discrimination in education
• School exclusions
• Reasonable adjustments
• Remedies in discrimination cases
• Disability-discrimination
• School-exclusions

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F Primary School v T & Ors

High Court dismissed a school’s appeal against a SEND Tribunal finding of unlawful disability discrimination in two exclusions of a disabled pupil.

• Disability discrimination in education
• School exclusions
• Reasonable adjustments
• Appeal on point of law
• Disability-discrimination-in-education
• School-exclusions

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B, R (on the application of) v Alperton Community School & Ors

B, R (on the application of) v Alperton Community School & Ors [2001] EWHC Admin 229 (27th March, 2001)

The Independent Appeal Panels in the cases of B and C were not properly constituted in accordance with statutory requirements, rendering their decisions void and requiring quashing. The right to education is not a civil right under English law or the Convention, so Article 6 ECHR does not apply to school admission or exclusion appeals. The procedures adopted did not breach the requirements of fairness or the Convention. The Governing Body's decision in B's case was also flawed and must be quashed. No declaration of incompatibility under the Human Rights Act 1998 is warranted.

Source excerpt

• School admissions
• School exclusions
• Judicial review
• Human rights act 1998
• European convention on human rights
• Procedural fairness

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B, R (on the application of) v Alperton Community School

B, R (on the application of) v Alperton Community School [2001] EWHC Admin 244 (27th March, 2001)

The Independent Appeal Panels in the cases of B and C were not properly constituted in accordance with the statutory requirements, rendering their decisions unlawful and void. The right to education under English law and the Convention is a public law right, not a civil right, and Article 6 ECHR does not apply to school admission or exclusion appeals. Procedural fairness was generally observed, but the statutory breaches in panel constitution required quashing of the relevant decisions.

Source excerpt

• School admissions
• School exclusions
• Judicial review
• Human rights act 1998
• European convention on human rights
• Procedural fairness

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