LG, R (on the application of) v The Independent Appeal Panel for Tom Hood School & Anor

(Transcript of the Handed Down Judgment of WordWave International Limited A Merrill Communications Company 165 Fleet Street, London EC4A 2DY Tel No: 020 7404 1400, Fax No: 020 7404 1424 Official Shorthand Writers to the Court)

MR DAVID WOLFE (instructed by John Ford Solicitors, Finsbury Park) appeared for the Appellant. The Respondent did not appear and was not represented. MR SAM GRODZINSKI (instructed by The Treasury Solicitor) appeared for the Interested Party. Hearing date: 7 December 2009 ____________________

At [38] and [39] below I will survey the status of the decision, which was not cast under article 6. For these introductory purposes the relevance of the decision lies in the fact that it prompted Parliament, by regulation 4 of the Education (Pupil Exclusions) (Miscellaneous Amendments) (England) Regulations 2004 (SI 2004/402), to seek to reverse its effect by inserting the following regulation into the Education (Pupil Exclusions and Appeals) (Maintained Schools) (England) Regulations 2002 (SI 2002/3178):

(a) The concept of "civil rights" in article 6 is autonomous: K�nig v. Germany (No 1) (1978) 2 EHRR 170 , at [88].

(c) Perhaps confusingly, substantive rights under other articles of the Convention can qualify as recognised under domestic law. In In re S (Minors) (Care Order: Implementation of Care Plan ) [2002] UKHL 10 , [2002] 2 AC 291 , the House of Lords addressed the right to respect for their private and family life enjoyed by children subject to care orders and by their parents under article 8. Lord Nicholls said, at [71]: