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On appeal from: [2009] NICA 14

The issue is whether a pupil was unlawfully suspended from his school in County Antrim. The principal suspended the appellant, and although he purported to suspend the pupil pursuant to the Scheme governing the suspension and expulsion of pupils, he failed to comply with its requirements. The appellant brought proceedings for judicial review, contending that his suspension was unlawful and denied him the right to education guaranteed by the ECHR. The Supreme Court reversed the finding of the CA, to the extent of holding that the principal had had no common law power to suspend under the Scheme. The Court found the suspension was precautionary rather than disciplinary, but that as there was no common law power to suspend outside the context of the Scheme it was therefore unlawful. However, the Supreme Court was unanimous in finding the suspension did not amount to a denial of the right to education guaranteed by the ECHR.

For judgment, please download: [2010] UKSC 27
For the Court’s press summary, please download: Press Summary