Legal News

Faith school legitimate expectation and discrimination challenges dismissed (R (on the application of Khalsa Academies Trust Ltd) v Secretary of State for Education)

Published on: 26 October 2021

Table of contents

  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Breach of legitimate expectation
  • Discrimination on grounds of religion
  • Irrationality challenges
  • Case details

Article summary

Local Government analysis: The court dismissed legitimate expectations, discrimination and irrationality challenges against the decision to move a Sikh-faith Academy to another Trust following the discovery of serious safeguarding issues. The court adjudged a guarantee of equal treatment to be procedural, and complied with. The discrimination challenge also failed because any discrimination in falling short of applying a policy relating to Sikh faith school was unlikely to be because the school was Sikh. The court also followed R (Joint Council for the Welfare of Immigrants) v SSHD on the standard of review applicable to the duty to make enquiries regarding the Public Sector Equality Duty (PSED). Written by Adam Heppinstall QC and Jack Castle, barristers at Henderson Chambers.

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