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R (on the application of S) (Claimant) v INDEPENDENT APPEAL PANEL OF ST THOMAS CATHOLIC PRIMARY SCHOOL (Defendant) & GOVERNORS OF ST THOMAS CATHOLIC PRIMARY SCHOOL (Interested Party)

An independent appeal panel, in considering an appeal against an over-subscribed denominational school's refusal to admit a child, had properly considered the school's over-subscription criteria based on faith and it had given adequate reasons for upholding the schools' finding that on an application of that criteria the child was of the lowest priority for admission to the school.

29 September 2009

The claimant (S) applied for judicial review of a decision of the defendant independent appeal panel dismissing her appeal against the non-admission of her son to a denominational primary school. S had applied for her son to be admitted to a Catholic primary school. The admission form completed by S stated that she was a member of the Russian Orthodox Church, that her husband was a member of the Church of England and that the church attended by her family was a Church of England church. The form as completed by S did not provide any information as to her son's religion. The school was over-subscribed and S's son was not admitted. Thereafter the school allocated some unfilled places using its over-subscription criteria. The criteria established a rank of priority that children fell into according to their involvement with the Catholic faith. Having regard to those criteria the interested party board of governors of the school placed S into the lowest category of priority for admissio...

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