Right to Education in UK Law

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

    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?

    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.

  • Douglas v North Tyneside Metropolitan Borough Council; Secretary of State for Education and Skills (Interested party)
    • Court of Appeal (Civil Division)
    • 19 Dic 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 purpose of encouraging access to higher education by offering student loans is primarily to improve the skills and qualifications of the work force.

  • Ali v Head and Governors of Lord Grey School
    • Court of Appeal (Civil Division)
    • 29 Mar 2004

    The realistic principle that, subject to the Convention's own limits, the right to education takes the form prescribed in each member state carries in my judgment the necessary corollary that any question whether there has been a violation of the right has to be answered initially in terms of the applicable domestic law.

  • R (Holub) v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 20 Dic 2000

    Nevertheless the jurisprudence of the court does point clearly to the fact that rights which are not absolute, such as the right to education, are not engaged where a state is exercising legitimate immigration control. A child's right to education whilst it is in the United Kingdom does not carry with it the right to stay here.

  • 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 Mar 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."

  • AJSB v Essex County Council Worcestershire County Council Herfordshire County Council Suffolk County Council
    • Queen's Bench Division
    • 13 Jul 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.

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Legislation
  • Human Rights Act 1998
    • UK Non-devolved
    • 1 de Enero de 1998
    ......or fleeing after having done so. . . (d) the detention of a minor by lawful order for the purpose of. educational supervision or his lawful detention for the purpose of. bringing him before the competent legal authority. . . (e) the lawful detention of persons ......
  • Higher Education and Research Act 2017
    • England & Wales
    • 1 de Enero de 2017
    ....... (4) Schedule 3 contains provision about— . (a) (a) the procedure for imposing a monetary penalty, . (b) (b) rights of appeal, . (c) (c) the recovery of the penalty and interest, and . (d) (d) the retention of sums received. S-16 . Suspension of registration 16 ......
  • Children and Families Act 2014
    • England & Wales
    • 1 de Enero de 2014
    ...... provision about children, families, and people with special educational needs or disabilities; to make provision about the right to request ......
  • Data Protection Act 2018
    • UK Non-devolved
    • 1 de Enero de 2018
    ...... (b) (b) conferring rights on the data subject to obtain information about the processing of personal ... in Articles 13 to 21 of the GDPR to health, social work, education and child abuse data, as allowed for by Article 23(1) of the GDPR. . (4) ......
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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 ......
  • 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 ... the education context) contravene the European Convention on Human Rights. This was on the basis that the Regulations discriminate against children ......
  • Public Authority Liability Update Issue 12
    • Mondaq United Kingdom
    ...... open the gate thus causing it to swing open away from him and to his right. It then hit the raised paving stone and the gate recoiled with such force ... A Uniform Approach To Education. By Tom Walshaw. Does the right to an education under the Human Rights ......
  • 2018 Case Law Digest
    • Mondaq UK
    ...... cases from 2018 impacting on schools in the areas of special educational needs and disability discrimination, judicial review and employment law. ... the education context) contravene the European Convention on Human Rights. This was on the basis that the Regulations discriminate against children ......
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