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ARTICLE · 30 SEPTEMBER 2021

Mandatory Off Site Schooling

Hill Dickinson
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The High Court recently handed down judgment in R. (on the application of CHF) -v- Newick CE Primary School setting out the legal position for mandatory off-site education...

United KingdomConsumer Protection
Joe Orme
Joe Orme

The High Court recently handed down judgment in R. (on the application of CHF) -v- Newick CE Primary School setting out the legal position for mandatory off-site education when there is no behavioural issue to warrant the direction.

Background

The Newick case involved serious allegations of peer-on-peer sexual violence made by young pupils in a primary school setting.

The school was not in a position to make any decision that would allow for the exclusion of pupil 'B', but did not want him on the premises as they considered it a safeguarding matter for all pupils involved in the incident to have contact. It was a small school and the prospects of the children coming into contact at the centre of the allegations was relatively high. A multi-agency approach was formed, including various officers from the local authority. The school issued a notice under section 29A Education Act 2002 which required B to attend another school to receive education while still

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