Ali v Headteacher and Governors of Lord Grey School

[2006] UKHL 14

Ratio Decidendi

Unlawful exclusion from school does not necessarily amount to a denial of the right to education under Article 2 of Protocol 1 ECHR, provided alternative educational provision is made available.

Fakty

A pupil was excluded from school following an incident. He argued that the exclusion violated his right to education under the ECHR.

Podsumowanie orzeczenia

The House of Lords held that Article 2 Protocol 1 does not guarantee education at a particular institution. The right is to the educational system as a whole, and alternative provision satisfies the state's obligation.

Kluczowe cytaty

"The right to education is a right of access to the educational system, not a right to education at any particular institution."
— Lord Bingham

Późniejsze zastosowanie

Applied

Applied in subsequent school exclusion cases.