2011 01 Education

Tuesday 1 February 2011

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Case law:

Abul Hakim Ali v the United Kingdom (Application No 40385/06), 11 January 2011: The applicant sought a declaration from the European Court of Human Rights that his rights under Article 2 Protocol 1 (right to education) were violated when he was temporarily excluded from the Lord Grey School in circumstances in which the statutory safeguards of the school disciplinary procedures provided for in the domestic system in the UK were not followed. He complained that as a result he was denied access to a full national curriculum and was placed in a Pupil Referral Unit for several months. The claim in its domestic guise was known as Ali v The Governors of Lord Grey School [2006] 2 AC 363. (Click here for the House of Lords' judgment.)

In dismissing the application and finding no violation of the applicant's right to education under Article 2 Protocol 1, the Strasbourg Court found that:

(i) The applicant's exclusion was for a good reason, was not disproportionate and for a legitimate aim as he was being investigated for a criminal offence by the police. His temporary exclusion from school was justified pending the conclusion of the criminal investigation.

(ii) The exclusion was foreseeable.

(iii) The applicant was provided with suitable interim education even if it was not access to the full national curriculum. The applicant was also offered homework to be collected from school. The applicant and his parents chose not to engage.
Click here for the ECtHR judgment.

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