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First-tier Tribunal had power to order reinstatement of expelled pupil

Ashdown House School v JKL & Anor HS/1322/2019

Related Member(s):
Claire Darwin
Related Practice Area(s):
Education Law

This case concerned the expulsion from the school of a ten year old boy who had ADHD, sensory processing difficulties and emotional and social difficulties arising from trauma in his early childhood and in the womb. The Upper Tribunal considered whether the First-tier Tribunal had power to order reinstatement of an expelled pupil, the means by which it could be enforced, whether it was appropriate to order such reinstatement and the appropriateness of ordering an apology.

Held: The Upper Tribunal held that the First-tier Tribunal had jurisdiction to make an order compelling Ashdown House School to reinstate a pupil that they had unlawfully excluded and that the High Court has the power under its inherent jurisdiction to enforce such an order.

Claire Darwin was involved in this case.