S v Oxfordshire School Admission Appeals Panel
| Jurisdiction | England & Wales |
| Judgment Date | 26 January 2005 |
| Neutral Citation | [2005] EWHC 53 (Admin) |
| Date | 26 January 2005 |
| Court | Queen's Bench Division (Administrative Court) |
Queen's Bench Division
Before Mr Justice Bennett
Education - balancing exercise over exclusion of pupil
There was no reason why an appeals panel should not carry out a balancing exercise in deciding whether or not an excluded pupil should be reinstated even though the panel had already carried out that exercise when deciding whether or not permanent exclusion was the appropriate course of action.
Mr Justice Bennett, so held in the Queen's Bench Division, on January 26, 2005 when dismissing an application for judicial review by the claimant, S, of the decision of the Oxfordshire School Admission Appeals Panel on September 13, 2004 to allow his appeal against permanent exclusion but, in the exceptional circumstances of the case, not to order his reinstatement, on several grounds including procedural irregularity and breaches of natural justice.
HIS LORDSHIP said that the claimant, then aged 12, had assaulted a younger and smaller pupil at school. Having found that his behaviour was not sufficient to warrant permanent exclusion, the panel had decided not to order his reinstatement in view of the psychological impact on the other pupils, particularly the victim.
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