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.

Hechos

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

Resumen de la sentencia

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.

Citas clave

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

Tratamiento posterior

Applied

Applied in subsequent school exclusion cases.