N, (a minor), R (on the application of) v The Independent Appeal Panel of London Borough of Barking and Dagenham

Mr Nigel Giffin, Q.C. and Fiona Scolding instructed by Fisher Meredith for the Claimant Mr James Goudie, Q.C. and Mr Peter Oldham instructed by London Borough of Barking and Dagenham for the Defendant Hearing dates: 24 and 25 January 2008 ____________________

It followed, Mr Giffin submitted, the Panel appears to have found first, that N's ADHD did not contribute to the misbehaviour for which she was, on this final occasion, excluded; and secondly, that there was no failure to make reasonable adjustments. In so doing the Panel had reached a conclusion that on both counts was diametrically opposed to that of the Tribunal reached some 5 weeks earlier.

Mr Giffin submits that the Panel erred in failing to have regard to the Tribunal's Decision. It amounted, he argued, to the disregarding of a relevant consideration.

Lord Bingham approved (at para 5) what Sedley LJ had said in the judgement of the Court of Appeal (save in one immaterial respect):

In my view the present case is to be distinguished from Von Brandenburg. The Panel was not concerned with whether the decision of the Tribunal was right or wrong. The "case" before the Tribunal and the Panel was different. The Panel was dealing with different incidents over a different period of time which rightly it determined on the evidence before it.