Source: All England Reporter
Publisher Citation: [2004] All ER (D) 108 (Jun)
Neutral Citation: [2004] EWHC 1389 (Admin)
Court: Administrative Court
Judge:

Bennett J
Representation Yvonne Spencer (Solicitor Advocate) (instructed by the Children's Legal Centre) for the claimant.
  Simon Birks (instructed by R J Stevens, Luton) for the defendant.
Judgment Dates: 15 June 2004

Catchwords

Education - Pupil - Exclusion of pupil - Refusal to wear school uniform on grounds of religious belief.

The Case

The concept of constructive exclusion had no real meaning in the relationship between a school and its pupils. Furthermore, the school had not excluded the claimant who had refused to attend school unless the school agreed to her wearing the jilbab. She had a choice, either of returning to school wearing school uniform or of refusing to wear the school uniform knowing that if she did so refuse the defendant was unlikely to allow her to attend. She chose the latter and it could not be said the actions or stance of the school amounted to exclusion, either formal, informal or unofficial in any way whatsoever.

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