R (TZA) v A Secondary School

Subject Matter

EDUCATION — School — Exclusion — Child with protected characteristics permanently excluded from school — Whether failure to have “due regard” to public sector equality duty — Whether decision inadequately reasoned and unlawful — Education Act 2002 (c 32), s 51A(1) — Equality Act 2010 (c 15), s 149 — School Discipline (Pupil Exclusions and Reviews) (England) Regulations 2012 (SI 2012/1033)

[2023] EWHC 1722 (Admin); [2023] PTSR 2051; [2023] WLR(D) 304, KBD

EDUCATION — School — Exclusion — Child with protected characteristics permanently excluded from school by head teacher — Exclusion upheld by disciplinary committee of governors on reconsideration — Whether public sector equality duty discharged — Whether decision inadequately reasoned — Equality Act 2010 (c 15), s 149

[2025] EWCA Civ 200; [2025] PTSR 1503; [2025] WLR(D) 128, CA

Appellate History

Commentary

Local Government Lawyer
Court of Appeal rejects appeal over permanent exclusion, warns undue focus on public sector equality duty may risk “over-legalising” decision-making process Case comment