Source: All England Reporter
Publisher Citation: [2003] All ER (D) 383 (Jun)
Neutral Citation: [2003] EWHC 1533 (QB)
Court: Queen's Bench Division
Judge:

Stanley Burnton J
Representation Carolyn Hamilton (instructed by the Children's Legal Centre) for the claimant.
  Jonathan Moffett (instructed by Alex Jack) for the school.
Judgment Dates: 27 June 2003

Catchwords

Human rights - Right to education - Expulsion of pupil - Breach of statutory duty - Claimant alleging breach of Convention rights - Claim for damages - European Convention on Human Rights, First Protocol, art 2.

The Case

The duty created by art2 of the First Protocol was imposed on the state, and not on any particular domestic institution. It did not create a right to be educated in any particular school or in any particular manner. Expulsion from a school of a pupil who had no access to alternative educational facilities, such as enrolment in another school, might cause a breach of art2, therefore raising the possibility that the school might be liable for damages; but if the pupil was able to have access to efficient education elsewhere, no breach of his Convention right would be involved.

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