Source: All England Reporter
Publisher Citation: [2002] All ER (D) 537 (Jul)
Neutral Citation: [2002] EWCA Civ 1349
Court: Court of Appeal, Civil Division
Judge:

Schiemann and Sedley LJJ

Representation Clive Rawlings (instructed by Ashok Patel & Co) for the claimant.
  Elisabeth Laing (instructed by Tom Lewis-Brooke) for the defendants.
Judgment Dates: 31 July 2002

Catchwords

Education - School - Exclusion of pupil - Pupil being excluded from school - Appeal panel confirming exclusion - Appeal panel taking into account anonymous statements of fellow pupils - Whether appeal panel in error.

The Case

In appeal proceedings against a decision to exclude a pupil from school, a school's discipline committee and an appeal panel were, in principle, entitled to look at statements without their makers being called to give evidence, even if they were anonymous. Singular care was, however, required from tribunals which paid regard to such statements, and there could be cases where to give anonymous statements any weight would be so unfair to the pupil as to make it improper to admit them.

Practice Areas

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