Source: All England Reporter
Publisher Citation: [2001] All ER (D) 197 (Apr)
Court: Administrative Court
Judge:

Henriques J
Representation Nicholas Bowen (instructed by Teacher Stern Selby) for L.
  Jane Oldham (instructed by Winkworth Sherwood) for the governors of the school.
Judgment Dates: 26 April 2001

Catchwords

Education - Local education authority - School - School excluding pupil - Appeal panel ordering reinstatement of pupil - Teachers refusing to teach pupil - Threat of industrial action - School making special arrangements for tuition of pupil - Whether pupil reinstated - s 67(4)(a).

The Case

Applying settled principles, where an excluded pupil had returned to school under a different regime due to threats of industrial action by teachers, reinstatement in law had taken place because the head-teacher and governors had done everything in their power to reinstate the pupil within the constraints of the threatened industrial action and the attendant risk to other pupils' education.

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