Education


Aggrieved student wins right to challenge degree grade in full trial

9 December 2016 by

mortarboard-svgSiddiqui v University of Oxford [2016] EWHC 3150 (5 December 2016) – read judgment

This case raises the interesting question of whether a disappointed graduate may call upon the courts to redress a grievance concerning the grade he was given for his degree; not just what his ground of claim should be, but whether this is the kind of grievance which should be navigated through the courts at all. There are some matters which are arguably non-justiciable matters of academic judgment.

The facts of the case may be summarised briefly. The claimant is a former history student at Brasenose College, Oxford. The defendants are, or the defendant is, collectively, the Chancellor, Masters and Scholars of the University of Oxford. The defendant is referred to throughout as the University.

The claimant sat his final examinations in June 2000 and obtained an Upper Second Class Bachelor of Arts Honours degree in history. His claim against the University was for damages for negligent teaching leading, he alleges, to him failing to get a higher 2:1 or a first class degree which, he said, he would otherwise have achieved.

The University applied to strike out the claim and/or for summary judgment on the ground that it was hopelessly bad on the merits and also plainly time barred.
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Censorship or justified Concern?

24 May 2016 by

Southampton_1912501bIR(Ben-Dor & Ors) v The University of Southampton [2016] EWHC 953 (Admin) (read judgment)

Mrs Justice Whipple dismissed one claim for judicial review, and refused permission to bring a further claim, in respect of decisions made by Southampton University regarding a proposed conference on the legality of the existence of Israel under international law. She held that the University had lawfully withdrawn its permission to hold the conference in April 2015, and refused permission to challenge the University’s subsequent decision to require the conference organisers to meet the conference’s security costs as a condition of allowing the conference to take place at a later date. The conference organisers had claimed that both decisions represented an unlawful interference with their Article 10 right to free expression and Article 11 right to free assembly.
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Supreme Court: a right to a student loan?

3 August 2015 by

Supreme-Court-5-e1435307932368R (Tigere) v. Secretary of State for Business [2015] UKSC 57, 29 July 2015 read judgment here

Ms Tigere is 20.  She arrived in the UK from Zambia when she was 6. She did very well at school. In 2013, she applied for a student loan to fund a university place.

The current English system does not allow her to apply for a loan, because of her immigration status. In particular, she did not

(1) have Indefinite Leave to Remain  (ILR) here (and so did not comply with the “settlement rule”), and

(2) have three years of “lawful” ordinary residence here (so did not comply with “the residence rule”).

In a very close run thing, the Supreme Court decided that the application of the settlement rule was incompatible with her Convention rights, under Article 2 of the First Protocol and/or Article 14. By contrast, the residence rule was not incompatible with her rights.

The result was 3-2, and Lord Hughes (of the majority) disagreed with important elements of the reasoning of Lady Hale and Lord Kerr who found for Ms Tigere.

The case is a perfect example of the difficulties of deciding human rights cases in the context of social benefits, as we shall see.

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Students without indefinite leave to remain are ineligible for student loans

11 September 2014 by

loanimage0 R (on the application of Tigere) v Secretary of State for Business, Innovation and Skills [2014] EWCA Civ 1216 (31 July 2014) – read judgment

The United Kingdom was not in breach of the human rights of those individuals ineligible for student loans because they did not have indefinite leave to remain in the country. The relevant legislation limits eligibility for student loans to those who are “settled” in the United Kingdom (within the meaning of the Immigration Act 1971 ) and who have been ordinarily resident in the UK for three years. According to the Court of Appeal, requiring the Secretary of State to link criteria for educational  eligibility to changes in immigration rules would “enmesh” him into immigration policy:

His picking and choosing candidates for settlement as eligible for student loans, while not … unconstitutional, would be a fragile and arbitrary basis for policy in an area where clarity and certainty are required.

This appeal turned on  issues in relation to the right to education under Article 2 of the first protocol (A2P1) and the prohibition of discriminatory treatment under Article 14 of the European Convention on Human Rights.

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France’s ban on religious clothing in schools did not prevent removal of asylum seeker there under Dublin Regulation

1 July 2014 by

niqab R (On the application of Mofazzar Baradarn and Malik Baradarn0 v Secretary of State for the Home Department and the Sikh Council Hampshire 24 June 2014 [2014] EWCA Civ 854 – read judgment

David Manknell of 1 Crown Office Row represented the Home Office in these proceedings. He has had nothing to do with the writing of this post.

France is a country which observes its Convention obligations therefore it is not in breach of Article 3 or any other of the Convention’s provisions to return an asylum seeker thence under the Dublin Regulation, since that system provides that once a Member State has “taken charge” of an application for asylum (as France has in this case) it has exclusive responsibility for processing and determining the claim for asylum. The prohibition on religious clothing in public schools in France did not disclose a threat to the second appellant’s Convention rights.

Background facts

The appellants were Iranian nationals (father and daughter) who challenged the Secretary of State’s decision on 5 December 2011 to refuse their asylum claims on safe third country grounds and to remove them to France. France had accepted responsibility for their asylum claims pursuant to the Dublin II Regulation. Before Hickinbottom J, they objected to their return to France because under French law they were banned from the wearing of the burka and the niqab in public. They alleged that this would breach their rights under articles 3, 8, 9, 11 and 14 of the European Convention on Human Rights. Their claims were dismissed by the judge in their entirety. Maurice Kay LJ gave them permission to appeal in relation only to articles 8, 9 and 14 by reference only to the French Law 2004-228 (“the 2004 law”) and in relation to section 55 of the Borders, Citizenship and Immigration Act 2009 (“BCIA”). The 2004 law had not featured in argument before the judge. It was, however, common ground that the appeal was concerned with the 2004 law and not the 2010 law. The 2004 Law provides that “in public elementary schools, middle schools and secondary schools, the wearing of symbols or clothing by which the students conspicuously indicate their religious belief is prohibited”.
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In the name of God: ultra-orthodox Jewish education not in children’s best interest, rules Court of Appeal.

11 October 2012 by

G (Children), Re [2012] EWCA Civ 1233 – read judgment

If you received this article by email, it will have been attributed to Adam Wagner. It is in fact by Karwan Eskerie – apologies

What is happiness? If you thought this most philosophical inquiry was beyond the remit of the judicial system then you should read this case. 

In Re G (Children), the estranged parents of five children disagreed over their education.  Both parents belonged to the Chassidic or Chareidi community of ultra orthodox Jews.  However, whilst the father wanted the children to attend ultra-orthodox schools which were unisex and where all the children complied with strict Chareidi practices, the mother preferred coeducational ‘Modern Orthodox’ schools where boys did not wear religious clothing and peyos (long hair at the sides), and children came from more liberal homes where for instance, television was taken for granted.

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Michael Gove’s full letter on homophobic teaching materials in schools

22 February 2012 by

The Trade Union Congress have sent me the full letter (download here) which Education Secretary Michael Gove sent to its leader Brendan Barber in relation to a complaint about seemingly homophobic booklets distributed to Roman Catholic schools in Lancashire. The letter which Mr Barber sent to Mr Gove is here.

I complained in this post that the excerpt of the response published by The Observer appeared to misunderstand the provisions of the Equality Act which apply to schools. I also said that the quote in the article could have been out of context. In short, it was. Here is the full paragraph, which presents a much fairer representation of the law:

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Is it legal to teach gay hate in schools?

19 February 2012 by

Updated, 20 Feb 2012 | Following the news recently it would seem that the UK is convulsed by a raging battle between religious observers and, in the words of Baroness Warsi, militant secularists. On the same day, the High Court ruled that Christian prayers held before a council meeting were unlawful, and the Court of Appeal upheld the decision of the High Court that two Christian hotel owners had discriminated against gay clients by not offering them a double room.

Today’s spat, according to The Guardian, involves a letter sent to the Education Secretary Michael Gove by the Trade Union Congress leader “expressing alarm that a booklet containing “homophobic material” had been distributed by a US preacher after talks to pupils at Roman Catholic schools across the Lancashire region in 2010.” From the quotes provided in The Observer, the book sounds pretty offensive:

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Are some rights to private life just not cricket?

9 January 2012 by

Mr Abdullah Manuwar and Secretary of State for the Home Department IA26/543/2010 – Read decision

We have posted on this blog previously on some of the poor reporting of human rights cases. Alarm bells were ringing as the Sunday Telegraph reported student Abdullah Munawar’s appeal on human rights grounds against a refusal to grant him leave to stay in the UK, citing his playing cricket as a reason he had a private life under Article 8 of the ECHR.

However, considering the judgment, the Telegraph article makes a valid point on the limits provided by human rights on immigration decisions, and shows that not all journalism critical of the Human Rights Act is inaccurate.


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University funding, Scotland and a question of equality

22 August 2011 by

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 Ireland have to pay tuition fees in Scotland, set to rise to up to £9,000 annually next year. However, Scottish students and those from other parts of the EU do not have to pay fees at all. Non-British EU students do not have to pay fees in Scotland due to EU law forbidding them from being treated differently to Scottish students.

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Banned preacher address Oxford Union

14 February 2011 by

Controversial preacher Dr Zakir Naik has addressed the Oxford Union by satellite link, despite being banned from visiting the UK by the home secretary.

The Home Office has wide discretion to exclude radicals which it considers have displayed ‘unacceptable behaviours’ , and the preacher was excluded under this policy in June 2010. The exclusion is currently being challenged in the courts. The home office successfully defended the ban in the high court (see our post), but that judgment is being challenged by the preacher in the court of appeal.

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Coalition cancellation of school building program was unlawful

11 February 2011 by

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 ruling can be found here.

Michael Gove, the education secretary, announced in July that the £55bn scheme was to be reduced significantly, prompting five councils to challenge the decision by way of judicial review.

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Exclusion of Islamic preacher Dr Zakir Naik was lawful, says High Court

10 November 2010 by

Dr Zakir Naik and The Secretary of State for the Home Department and Entry Clearance Officer, Mumbai India [2010] EWHC 2825 (Admin) – read judgment

As we reported last week, the High Court has approved the exclusion of Dr Zakir Naik, a popular Indian television Islamic preacher, from the UK on the grounds that his presence would not be conducive to the public good.

Despite the High Court finding that the initial decision to exclude Dr Naik was procedurally unfair and that Article 10 ECHR (the right to freedom of expression) was engaged in relation to his supporters, his challenge to the exclusion was rejected. This case focuses the spotlight once more on the somewhat limited territorial reach of the rights and freedoms guaranteed under the Convention, as well as the wide discretion of the Home Office to exclude radicals which it considers have displayed ‘unacceptable behaviours’.

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Spying on school parents was unlawful and breach of human rights

3 August 2010 by

Worth lying for?

(1) MS JENNY PATON (2) C2 (3) C3 (4) C4 (5) C5 and POOLE BOROUGH COUNCIL, Investigatory Powers Tribunal – Read ruling

The Investigatory Powers Tribunal (IPT) has ruled that a local council acted unlawfully in spying repeatedly on parents suspected of lying about where they lived in order to get their child into a sought after school. The ruling may not, however, prevent local authorities from spying on families for similar reasons in the future.

The IPT exists to investigate complaints about conduct by various public bodies, including in relation to surveillance under the Regulation of Investigatory Powers Act 2000 (RIPA). Section 28 of RIPA allows a public body to apply to conduct direct surveillance if the authorisation is necessary on various grounds, including the detection of crime.

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

16 July 2010 by

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 a child. Convention rights must be intepreted pragmatically;  it is not right to equate a failure to provide the educational facilities required by domestic law with a denial of access to education.

This was an appeal against a decision ([2008] EWCA Civ 364, [2008] H.R.L.R. 31) upholding the dismissal by summary judgment of the appellant’s claim that the respondent local authority had breached his right to education under A1P1.

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