CHILD C IN APPEAL UNDER SECTION 28H(6) OF THE EDUCATION (SCOTLAND) ACT 1980 [2009] ScotSC 98 (22 April 2009)

CHILD C IN APPEAL UNDER SECTION 28H(6) OF THE EDUCATION (SCOTLAND) ACT 1980 [2009] ScotSC 98 (22 April 2009)

The exclusion of C was justified as there was a real and substantial risk of disorder and harm to C and potentially others, which could not be adequately managed by lesser means such as chaperoning; the head teacher acted within her discretion and the statutory test was met.

Citation
[2009] ScotSC 98
Parties
Pursuer/appellant: A (Father of C); Defender/respondent: Dundee City Council
Jurisdiction
Scotland
Judgment Date
22 April 2009
Procedural Posture
Statutory Appeal (summary Application) Under Section 28 H(6) of the Education (scotland) Act 1980 / Judgment After Hearing on Appeal From Education Appeal Committee
Outcome
Appeal dismissed; exclusion confirmed
Legal Topics
School Exclusion, Statutory Appeals, Risk Assessment in Schools, Delegation of Authority, Judicial Discretion in Statutory Appeals
Education Law Administrative Law School Exclusion Statutory Appeals Risk Assessment in Schools Delegation of Authority Judicial Discretion in Statutory Appeals

Case Brief

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Parties

A (Father of C)

Pursuer/appellant

Dundee City Council

Defender/respondent

Procedural Posture

Statutory Appeal (summary Application) Under Section 28 H(6) of the Education (scotland) Act 1980 / Judgment After Hearing on Appeal From Education Appeal Committee

Legal Issues

  1. 1 Whether the exclusion of C from school was justified under Regulation 4(b) of the Schools General (Scotland) Regulations 1975
  2. 2 Whether exclusion was a proportionate response and the last resort
  3. 3 Whether the head teacher's decision was justified in all the circumstances

Ratio Decidendi

The exclusion of C was justified as there was a real and substantial risk of disorder and harm to C and potentially others, which could not be adequately managed by lesser means such as chaperoning; the head teacher acted within her discretion and the statutory test was met.

Court Disposition

Appeal dismissed; exclusion confirmed

Orders

  • Confirms the decision of the education authority of 26 September 2008 as confirmed by the appeal committee on 2 December 2008
  • Repels all three pleas-in-law for the pursuer and appellant