header-logo header-logo

Exclusion zone

09 January 2026 / Nicholas Dobson
Issue: 8144 / Categories: Features , Education , Public , Judicial review
printer mail-detail
239517
Nicholas Dobson examines the case of a school ski trip, a confiscated mobile phone & a permanent exclusion
  • A pupil was permanently excluded from school after she entered a teacher’s hotel room during a school ski trip, retrieving a confiscated mobile phone.
  • The Court of Appeal dismissed her appeal, finding that the judge had correctly applied a heightened intensity of review, and that no material aspect of his reasoning was wrong.

In Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374, [1984] 3 All ER 935, Lord Diplock famously identified the three major types of power abuse as: illegality, irrationality and procedural impropriety. These underpin judicial review challenges.

One such appeal featuring irrationality considerations concerned school exclusion. This was R (on the application of SAG by her litigation friend ERG) v The Governing Body of Winchmore School [2025] EWCA Civ 1335. Judgment was given on 21 October 2025 by Lord Justice Arnold, Lady Justice Elisabeth Laing and Lord Justice Edis, the last dissenting.

The appellant, SAG, challenged the dismissal of her judicial review

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll