Source: All England Reporter
Publisher Citation: [2004] All ER (D) 443 (May)
Neutral Citation: [2004] EWHC 1239 (QB)
Court: Administrative Court
Judge:

Owen J
Representation Althea Brown (instructed by Ashok Patel & Co) for the claimant.
  Elisabeth Laing (instructed by DMH) for the defendants.
Judgment Dates: 28 May 2004

Catchwords

Education - Pupil - Exclusion of pupil - Appeal against exclusion - Fairness of procedure.

The Case

In an application for judicial review of a decision of an independent appeal panel to uphold the head teacher's decision to permanently exclude a pupil for being in possession of a knife on school premises, where the panel had taken account of the material considerations and had not resolved the issue by a slavish adherence to the behaviour management policy, and where the panel had made the critical finding of fact upon which its decision had been based, namely that the pupil had not been intending to hand in the knife, the pupil's challenges to the panel's decision had been without any substance.

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