Dove & Anor, Re Application For Judicial Review [2001] ScotCS 291 (14 December 2001)

Dove & Anor, Re Application For Judicial Review [2001] ScotCS 291 (14 December 2001)

The measures returning St Mary's Episcopal Primary School to local authority management do not fall within the ambit of Article 2 of Protocol 1 ECHR, as they do not affect access to education or the effectiveness of that access. Consequently, Article 14 does not apply. Even if Article 14 were engaged, the difference...

Source-derived case information.

Citation
[2001] ScotCS 291
Parties
Petitioners: Giles Wilfred Dove and Katherine Ann Dove; Respondents: Scottish Ministers
Jurisdiction
Scotland
Judgment Date
14 December 2001
Procedural Posture
Judicial Review / Outer House, Court of Session – Opinion
Outcome
Petition dismissed
Legal Topics
Judicial Review of Administrative Action, Right to Education, Discrimination Under ECHR Article 14, Interpretation of ECHR Protocol 1 Article 2, School Governance and Management
Administrative Law Human Rights Law Education Law Judicial Review of Administrative Action Right to Education Discrimination Under ECHR Article 14 Interpretation of ECHR Protocol 1 Article 2 School Governance and Management

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Summary, issues, holding and outcome

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Parties

Giles Wilfred Dove and Katherine Ann Dove

Petitioners

Scottish Ministers

Respondents

Procedural Posture

Judicial Review / Outer House, Court of Session – Opinion

Legal Issues

  1. 1 Whether the reversion of St Mary's Episcopal Primary School to local authority management violates Article 2 of Protocol 1 and Article 14 of the European Convention on Human Rights by discriminatory treatment compared to Jordanhill School.

Ratio Decidendi

The measures returning St Mary's Episcopal Primary School to local authority management do not fall within the ambit of Article 2 of Protocol 1 ECHR, as they do not affect access to education or the effectiveness of that access. Consequently, Article 14 does not apply. Even if Article 14 were engaged, the difference in treatment between St Mary's and Jordanhill School is justified by their distinct histories and legislative positions, and does not amount to unlawful discrimination.

Court Disposition

Petition dismissed

Orders

  • Petition dismissed; no breach of Article 2 of Protocol 1 or Article 14 ECHR found.