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Archive for the ‘Protocol 2 Art. 1 | Right to education’ Category

Yes, come to the library! Browse and borrow, and help make sure it’ll still be here tomorrow…

Posted in Case comments, Education, Politics / Public Order, Protocol 2 Art. 1 | Right to education, Spending cuts, tagged , on May 2, 2012 | 7 Comments »

“Yes, come to the library! Browse and borrow, and help make sure it’ll still be here tomorrow…” Thus concludes “Library poem”, penned by Children’s Laureate and Gruffalo creator Julia Donaldson, the latest high profile recruit to the campaign against planned library closures. There have been a number of developments since we last blogged on this issue: [...]

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Poor not singled out by rise in university fees, rules court

Posted in Case comments, Education, In the news, Politics / Public Order, Protocol 2 Art. 1 | Right to education, Spending cuts on February 22, 2012 | 1 Comment »

Hurley and Moore v Secretary of State for Business, Innovation and Skills [2012] EWHC 201- read judgment This judgment, the latest in an expanding list of decisions on challenges to the Coalition government’s spending cuts, is an interesting example of judicial restraint and deference to the government on issues of macro-policy, at a time when [...]

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More cuts: Library closure challenge fails

Posted in Case comments, Children, Education, Politics / Public Order, Protocol 2 Art. 1 | Right to education, Spending cuts, tagged , on October 20, 2011 | 4 Comments »

Updated | Bailey & Others v London Borough of Brent Council [2011] EWHC 2572 (Admin) – Read judgment Every Wednesday my daughter looks forward to the arrival of the mobile library at her nursery.  Two by two the children go into the little world of books and emerge holding a new story they have chosen for [...]

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University funding, Scotland and a question of equality

Posted in Art. 14 | Anti-Discrimination, Discrimination, Education, European, In the news, Protocol 2 Art. 1 | Right to education, tagged , , , , , , , on August 22, 2011 | 5 Comments »

Public Interest Lawyers (PIL), a solicitors’ firm, is planning to bring judicial review proceedings to challenge the Scottish government’s university funding scheme, which allows Scottish universities to charge students from other parts of the UK fees, while students from other parts of the EU and Scotland are not charged fees.  Currently, non-Scottish students from elsewhere in the UK and Northern [...]

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Coalition cancellation of school building program was unlawful

Posted in Art. 14 | Anti-Discrimination, Case summaries, Education, Property, Protocol 2 Art. 1 | Right to education, Public/Private, Spending cuts, tagged on February 11, 2011 | 3 Comments »

Luton Borough Council & Nottingham City Council & Ors, R (on the application of) v Secretary of State for Education [2011] EWHC 217 (Admin) (11 February 2011) – Read judgment The high court has ruled that the coalition government’s cancellation of Labour’s school building program in 6 areas was unlawful. The full background to the [...]

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The right to education, human rights and school exclusions

Posted in Case comments, Education, European, Protocol 2 Art. 1 | Right to education on January 14, 2011 | 2 Comments »

The European Court of Human Rights has handed down judgment in Ali v United Kingdom (Application no. 40385/06, 11 January 2011). The decision is the final instalment of the litigation which culminated at the domestic level in the judgment of the House of Lords in Ali v Lord Grey School [2006] UKHL 14. Perhaps unsurprisingly, the ECtHR [...]

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Minimum standards of dignity must be upheld for asylum seekers

Posted in Art. 11 | Freedom of Association, Art. 14 | Anti-Discrimination, Art. 8 | Right to Privacy/Family, Case comments, Immigration/Extradition, Margin of Appreciation, Protocol 2 Art. 1 | Right to education, tagged , on July 29, 2010 |

R (on the application of ZO (Somalia) and others) (Respondents) v Secretary of State for the Home Department (Appellant) [2010] UKSC 36 – Read judgment The Supreme Court has ruled that the UK must provide minimum standards to asylum seekers, including the right to work, whether or not their first asylum application has failed. Asylum [...]

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Delay in providing for special educational needs does not breach Convention right to education says Supreme Court

Posted in Case comments, Case law, Children, Education, In the news, Margin of Appreciation, Protocol 2 Art. 1 | Right to education, tagged , , on July 16, 2010 |

A (Appellant) v Essex County Council & National Autistic Society (Intervener) [2010] UKSC 33 Supreme Court (Lord Phillips, Lady Hale, Lord Brown, Lord Kerr, Lord Clarke) July 14 2010 The right to education under Article 2 Protocol 1 of the Convention was not breached by the delay in catering for the special educational needs of [...]

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Human right to education a “weak right”?

Posted in Case summaries, Education, Protocol 2 Art. 1 | Right to education, tagged on July 7, 2010 |

A recent Supreme Court decision has reopened a debate on whether it can properly be said that there is a human right to education under the European Convention on Human Rights. We posted last week on the decision in the Norther Ireland matter of JR17, where The Supreme Court found that there was no breach [...]

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School did not breach suspended pupil’s Convention rights, says Supreme Court

Posted in Case summaries, Children, Protocol 2 Art. 1 | Right to education on June 29, 2010 |

In the matter of an application by ‘JR17′ for Judicial Review (Northern Ireland) [2010] UKSC 27 The Supreme Court found that there was no breach of a pupil’s right to education, where he was unlawfully suspended from school but was provided with work to do and home tutoring – read judgment A pupil was suspended [...]

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Polish religious education breached freedom of conscience rights of pupil

Posted in Art. 14 | Anti-Discrimination, Art. 9 | Thought/Conscience/Religion, Case comments, Children, Education, Margin of Appreciation, Protocol 2 Art. 1 | Right to education, Religion, tagged , , on June 24, 2010 |

Grzelak v. Poland (no. 7710/02) – read judgment The European Court of Human Rights has found that A Polish boy who refused to attend religious instruction classes for reasons of personal conviction had been discriminated against human rights because of a policy of reflecting that non-attendance in school reports. The applicant Mateus Grzelak had been [...]

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Education not recognised as a “civil right” under Convention due process rules

Posted in Art. 6 | Right to Fair Trial, Case summaries, Children, Education, Protocol 2 Art. 1 | Right to education on March 29, 2010 |

R (on the application of LG) (Appellant) v Independent Appeal Panel for Tom Hood School (Respondent) & Secretary of State for the Department for Children, Schools and Families (Interested Party) [2010] EWCA Civ 142 (Read judgment here) CA (Civ Div) (Rix LJ, Wilson LJ, Sir Scott Baker) February 26 2010 An exclusion hearing by a school [...]

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