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The European Convention did not originally include a right to education but the UK became one of the first signatories to add the protocol including this new right in 1952.
So far, European Court rulings have come down against those who have sought a right to a particular type of education, for example those who have claimed that the state should provide education tailored to a minority religion.
However, the UK signed a reservation to this article at its inception, saying that the state has the power to take costs into account when deciding the level and form of education to made available. In other words, parents would find it extremely difficult to make a claim under the Act over school funding unless, perhaps, they could prove discrimination..
However, in a recent ruling, the House of Lords decided that special needs pupils could sue for damages where education authorities had negligently failed to meet their needs.
Pupil exclusions could be challenged if a school’s procedures are neither clearly identified to the public nor properly implemented.
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