Right to Education in UK Law

Leading Cases
  • Ali v Head and Governors of Lord Grey School
    • House of Lords
    • 22 Marzo 2006

    The court's judgment in the Belgian Linguistics (No. 2) case has been cited and relied on in a number of later decisions such as Kjeldsen, Busk, Madsen and Pedersen v Denmark (1976) 1 EHRR 711, Campbell and Cosans v United Kingdom (1982) 4 EHRR 293, Sahin v Turkey (Application No 44774/98, Grand Chamber, 10 November 2005, unreported) and Timishev v Russia (Application Nos 55762/00 and 55974/00, 13 December 2005, unreported).

    There is no Convention guarantee of education at or by a particular institution. The test, as always under the Convention, is a highly pragmatic one, to be applied to the specific facts of the case: have the authorities of the state acted so as to deny to a pupil effective access to such educational facilities as the state provides for such pupils?

    Such procedures may be relevant to rights under other articles, such as article 6 or 14, but article 2 of the First Protocol is concerned only with results: was the applicant denied the basic minimum of education available under the domestic system? For this purpose it is necessary to look at the domestic system as a whole.

    The correct approach is first to ask whether there was a denial of a Convention right. In the case of article 2 of the First Protocol, that would have required a systemic failure of the educational system which resulted in the respondent not having access to a minimum level of education. As there was no such failure, that is the end of the matter.

  • AJSB v Essex County Council Worcestershire County Council Herfordshire County Council Suffolk County Council
    • Queen's Bench Division
    • 13 Julio 2007

    In my judgement, it is not equitable to extend the limitation period in this case. The question whether A2P1 confers a right to an education in accordance with the relevant SSEN, and if so, the appropriateness of an award of damages and the impact on the alleged shortcomings of judicial review in special educational needs cases, can be as easily (and more appropriately) determined in an upcoming application for judicial review made by another party as in these very late proceedings.

  • R (B) v Head Teacher of Alperton Community School and Alperton Community School Head Teacher and Governing Body; R (C (A Child)) v Cardinal Newman Roman Catholic School Governing Body
    • Queen's Bench Division (Administrative Court)
    • 27 Marzo 2001

    " ...the Commission considers that in principle the right to education cannot be allowed to impinge on the State's right to regulate education ...and that this right does not exclude all disciplinary penalties. It would not be contrary to Article 2 of Protocol No.l for pupils to be suspended or expelled, provided that the national regulations did not prevent them from enrolling in another establishment in order to further their studies."

  • Douglas v North Tyneside Metropolitan Borough Council; Secretary of State for Education and Skills (Interested party)
    • Court of Appeal (Civil Division)
    • 19 Diciembre 2003

    The Secretary of State's argument is that the Student Support Regulations are not intended to promote the subject matter of Art 2. Their purpose, as is set out in the evidence, is to encourage greater access to higher education primarily for students wishing to improve their skills and qualifications. The right protected by Art 2 is the right to avail oneself of such education as the State provides, that is to participate in the facilities existing at a given time.

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Legislation
  • Curriculum and Assessment (Wales) Act 2021
    • Wales
    • 1 de Enero de 2021
    ... ... referral units, for children of compulsory school age for whom education is otherwise arranged by local authorities, for pupils at maintained ... which the determination has been made, and(e) information about the right to request a review, or make an appeal, under section 33 ... (3) The ... ...
  • Coronavirus Act 2020
    • UK Non-devolved
    • 1 de Enero de 2020
    ... ... 7), s. 89 (with s. 90) ... 38: Temporary continuity: education, training and childcare ... (1) ... Right to return ... (6) (1) An employee who returns to work after a period of ... ...
  • The Immigration (European Economic Area) Regulations 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ... ... into for the purpose of using these Regulations, or any other right conferred by the EU Treaties, as a means to circumvent(a) immigration ... has been a worker in the United Kingdom; and(c) the person is in education in the United Kingdom ... (4) The criteria in this paragraph are that(a) ... ...
  • Children and Families Act 2014
    • UK Non-devolved
    • 1 de Enero de 2014
    ... ... educational needs or disabilities; to make provision about the right to request flexible working; and for connected purposes.[13th March 2014] ... 4 omitted (7.3.2018) by virtue of Education and Adoption Act 2016 (c. 6), ss. 16(c), 19(2); S.I. 2018/300, reg. 2(b) ... ...
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Books & Journal Articles
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Law Firm Commentaries
  • A Uniform Approach To Education
    • Mondaq United Kingdom
    ...Does the right to an education under the Human Rights Act 1998 open up a new route to compensation? ... The recent case of A (Appellant) v Essex County Council ... ...
  • Black History Month: Celebrating Our Sisters
    • Mondaq UK
    ... ... champion of girls' right to education, and the founder of Malaika ... Malika is incredible. It's a ... ...
  • Montague v The Governing Body Of Heavers Farm Primary School
    • Mondaq UK
    ... ... education ... Earlier this year HHJ Lethem handed down judgment in ... Montague, a ... Article 2 (the right to education) of the First Protocol of the ... European Convention of ... ...
  • Can A Pupil With Autism Be Excluded For Aggression?
    • Mondaq UK
    ... ... The Upper Tribunal of the Health, Education and Social Care Chamber (Special Educational Needs and Disability) has ... particular conditions, such as autism and ADHD, in terms of their right to education ... Judge Rowley concluded that the Secretary of State had ... ...
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Forms
  • Appeal application - prohibition or restriction from participating in the management of an independent school under Section 142 of the Education Act
    • HM Courts & Tribunals Service court and tribunal forms
    Forms relating to First-tier Tribunal (Care Standards), including appeal forms.
    ... ... Darlington ... When you have completed this form, send it with a copy ... of the decision letter sent to you, giving you the right to ... appeal and any other relevant documentation ... Telephone: 01325 289350 ... Email: cst@hmcts.gsi.gov.uk ... Fax: 01264 785013 ... For further ... ...
  • Appeal application: independent schools/non-maintained special schools
    • HM Courts & Tribunals Service court and tribunal forms
    Forms relating to First-tier Tribunal (Care Standards), including appeal forms.
    ...Print form ... First-tier Tribunal - Health, Education and Social Care Chamber (Care Standards) ... For office use only ... of the decision letter sent to you, giving you the right to ... appeal and any other relevant documentation ... Telephone: 01325 ... ...
  • Appeal form - young person under 18 detained in youth accommodation
    • HM Courts & Tribunals Service court and tribunal forms
    Special Educational Needs and Disability (SEND) Tribunal forms including the education, health and care (EHC) plan form to appeal against a decision.
    ... ... A signed and dated letter from the Local Authority giving you the right of appeal to the ... HM Courts & Tribunals Service (Local Authority ... ...
  • Disability discrimination claim after permanent exclusion - parent
    • HM Courts & Tribunals Service court and tribunal forms
    Special Educational Needs and Disability (SEND) Tribunal forms including the education, health and care (EHC) plan form to appeal against a decision.
    ... ... Section 8: Putting things right – governing body or proprietor ... The Tribunal has no power to order a ... ...
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