This appeal case centred around whether a local education authority has a minimum legal obligation to provide all children with an effective education, taking account of their special needs and regardless of the demands that this has on resources.A’s case raised the following important issue of principle. Does A2P1 impose a minimum obligation to provide a child with an education that is effective having regard to his special needs, regardless of the demands that this makes on resources? A argued ...
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This is an appeal from the Court of Appeal of Northern Ireland. The issue is whether a pupil was unlawfully suspended from his school in County Antrim. The appellant brought proceedings for judicial review, contending that his suspension was unlawful and denied him the right to education guaranteed by the European Convention on Human Rights, contrary to the Human Rights Act 1998.The Court was unanimous in holding that the suspension did not amount to a denial of the right to education guaranteed ...
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The decision in this case calls into question the correctness of the reasoning in Novacold on the proper approach to the statutory comparator in cases of disability discrimination. In the education context the decision is likely to have significant implications for parents bringing claims of disability discrimination on behalf of their children. Mr. Malcolm had sub-let his Council flat in breach of the express terms of his tenancy agreement with Lewisham at a time when his schizophrenia was not ...
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