header-logo header-logo

09 January 2026 / Nicholas Dobson
Issue: 8144 / Categories: Features , Education , Public , Judicial review
printer mail-detail

Exclusion zone

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,

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

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
back-to-top-scroll