header-logo header-logo

09 January 2026
Issue: 8144 / Categories: Legal News , Education , Judicial review , Public
printer mail-detail

NLJ this week: Exclusion zone?

239517
A school ski trip, a confiscated phone and an unauthorised hotel-room entry culminated in a pupil’s permanent exclusion. In this week's issue of NLJ, Nicholas Dobson charts how the Court of Appeal upheld the decision despite acknowledged procedural flaws

The majority stressed that headteachers and governors, not judges, are best placed to assess seriousness within the school environment. While one judge dissented, viewing the conduct as serious but not extreme, the court ultimately found the exclusion lawful even under heightened scrutiny.

The case underscores how judicial review in education balances intense human impact against institutional autonomy. Dobson highlights the limits of anxious scrutiny, warning courts against substituting their own views on discipline. The judgment confirms that permanent exclusion remains an exceptional sanction, but one that governors can lawfully deploy where behaviour crosses the line.

For schools and advisers alike, context remains everything.

Issue: 8144 / Categories: Legal News , Education , Judicial review , Public
printer mail-details
RELATED ARTICLES

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll