Law Weblog

R v Secretary of State for Education and Employment and others ex parte Williamson [2005] HL

[Assault – the right of parents in loco parenti to physically chastise their children]
D the government. The Education Act 1996 totally bans corporal punishment in all schools. The claimants were teachers and parents whose children attended schools which were established specifically to provide a Christian education that was based on Biblical observance and this meant the use of corporal punishment on a limited basis as part of their beliefs. The claimants argued that the ban was incompatible with the Human Rights Act 1998 and their rights under Article 9 of the Human Rights Convention; their right to an education of their choice.

Held: Lord Nicholls: “Parliament was bound to respect the claimants’ beliefs in this regard, but was entitled to decide that manifestation of these beliefs in practice was not in the best interests of children.” “Parliament was entitled to decide that, contrary to the claimants’ submissions, a universal ban is preferable to a selective ban which exempts schools where the parents or teachers have an ideological belief in the efficacy and desirability of a mild degree of carefully-controlled corporal punishment.” Lady Hale said “This is … a case about children [y]et there has been no-one here … to speak on behalf of the children.” “The battle has been fought on ground selected by the adults. This has clouded and over-complicated what should have been a simple issue. ”

C lost.
Whole case here