“Headteachers will be given greater powers to exclude violent and aggressive pupils in a series of major school reforms published today.”
The Guardian, 27th January 2011
from the Inner Temple Library
“A decision on the balance of probabilities that a school pupil had produced a knife during a fight was sufficient to found his permanent exclusion from the school. It did not infringe his right to a fair hearing before the decision-maker under art 6 of the European Convention on Human Rights and Fundamental Freedoms, since he had no arguable right under domestic law to continue to be educated at the school without good reason, and thus had no ‘civil right’ to do so. The appeal panel was not determining a criminal charge against the pupil: the sanction of permanent exclusion from a particular school was insufficiently severe to render the charge against him criminal.”
WLR Daily, 2nd March 2010
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Queen’s Bench Division
“The permanent exclusion of a child from a particular school did not engage the fair trial provisions protected by article 6 of the European Convention on Human Rights; the standard of proof in establishing facts was the balance of probabilities.”
The Times, 18th March 2009
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.