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School’s Appeals Committee approached task incorrectly in expelling schoolboy
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High Court quashes a decision of a school's Appeal Committee that expelled a pupil who allegedly smoked a cannabis joint, and remits the matter to a differently constituted Appeals Committee, finding that the committee did not reach an independent view of the facts, which was a fundamental defect in the manner in which they approached their task.
Judicial review – expulsion of 14-year-old boy from school – section 29 of the Education Act 1998 – whether the decision of the Appeal Committee is invalid by reason of a number of breaches of fair procedures; that the decision itself was disproportionate; and that an incident occurred at the conclusion of the hearing which gives rise to a problem of objective bias on the part of the Committee – smoking of a cannabis joint – decision of the Committee should be quashed – differently constituted Appeals Committee should consider the case – Committee did not reach an independent view of the facts, this is a fundamental defect in the manner in which the Committee approached its task – decision quashed.
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