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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 & FAMILIES (Interested Party)

The European Convention on Human Rights 1950 art.6 was not engaged by a hearing before an independent appeal panel as to whether a pupil should be permanently excluded from a school. The panel could determine matters on the balance of probabilities, as provided by the Education (Pupil Exclusions and Appeals) (Maintained Schools) (England) Regulations 2002 reg.7A.

9 March 2010

The appellant pupil (V) appealed against a decision ((2009) EWHC 369 (Admin), (2009) BLGR 691) to refuse his application for judicial review of the decision of the respondent panel to uphold a decision to permanently exclude him from a school. V had been involved in a fight at the school. He was accused of having a knife, which he denied. The school permanently excluded V and he appealed. The panel, in accordance with the Education (Pupil Exclusions and Appeals) (Maintained Schools) (England) Regulations 2002 reg.7A, found on the balance of probabilities that he had carried a knife, and upheld his exclusion. V argued that (1) his right to a fair hearing under the European Convention on Human Rights 1950 art.6 was engaged, either on the basis that the panel had determined his civil right not to be excluded from the school without good reason, or on the basis that the panel had determined a criminal charge against him, and that right had been infringed by the decision to exclude him h...

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