Unreasonable Withdrawal of Child from School

The Court of Appeal on 30 January 2004 in R. (G) v. Westminster City Council [2004] (EWCA Civ 45)considered the implications of section 19 of the Education Act 1996 (exceptional provision of education in pupil referral units or elsewhere). The case concerned a child (G) whose father had withdrawn him from school after a fracas between the boy and a girl pupil where a school investigation had concluded that the boy was predominantly to blame.

Section 19(1) provides that: 'Each local education authority shall make arrangements for the provision of suitable . . . education at school or otherwise than at school for those children of compulsory school age who, by reason of illness, exclusion from school or otherwise, may not for any period receive suitable education unless such arrangements are made for them.' And by section 19(6) '"suitable education", in relation to a child or young person, means efficient education suitable to his age, ability and aptitude and to any special educational needs he may have.'

On behalf of G it was contended that: 'G is someone who, 'by reason of illness, exclusion from school or otherwise' will not receive suitable education unless arrangements for this are made at a school other than St George's. . . G is precluded from continuing to attend St George's in consequence of illness - namely depression and stress brought on by the bullying that he has received at St George's. Alternatively. . . circumstances embraced by the word 'otherwise' are preventing G from receiving suitable education, so that section 19 obliges the Council to make arrangements for the provision of this'.

In the circumstances the Court concluded that:

G was not prevented from attending the school in question by reason of illness;

G's father 'acted unreasonably in withdrawing G from St George's when there was no alternative school available.' Had he acted reasonably, he would have considered what the school had to propose at [. . . a particular meeting]. . . , discussed G's needs with the staff and allowed the school to attempt to cater for those needs. Since then he has resolutely set his face against returning G to St George's, although no suitable alternative placement has been provided.'

'Otherwise', where used for the second time...