In the House of Lords
R v Begsborough College, ex p M
Begsborough College is a mixed state Sixth-Form College in the town of Begsborough. In August 2005, the College instituted a new uniform policy. All the female students were required to wear white blouses and pink and green tartan skirts. The policy caused many of the female pupils great distress, who objected to the uniform because it made them the target of ridicule on their way to and from the College.
In April 2006, offers were made to new students who would start at Begsborough in September 2006. Many of these students had heard about the new uniform and felt hesitant about attending the College. In May 2006, seventeen female students wrote to the headmaster, Mr Jeffries. They explained that they had been offered places at alternative schools and although they would prefer to attend Begsborough, they would not accept the place unless they were exempted from the uniform policy.
On July 5th, Mr Jeffries replied in writing to all seventeen students. He stated:
‘I guarantee that you will not be required to wear the standard College uniform, i.e. the pink and green tartan skirt. You will be permitted to wear a white blouse with black or grey trousers instead.’
Relying on Mr Jeffries’ promise, the students rejected the offers from other schools and decided to take up their places at Begsborough.
Over the summer holidays, Mr Jeffries received complaints from other students who had heard about his promise to the new students. They complained that they were being unfairly treated and ought also to be exempt from wearing the skirts. Fearing discipline problems, Mr Jeffries decided to enforce the uniform policy at the start of the Autumn term. He did not inform the seventeen students of his decision.
When the seventeen students arrived on the first day of term in September, Mr Jeffries turned them away at the gates and told them they could not attend the school without the proper uniform. The students returned the next day wearing the correct uniform and were admitted to the school.
Dorothy Martin, one of the seventeen pupils, applied for judicial review on the grounds that Mr Jeffries’ letter of July 5th 2006 gave rise to a legitimate expectation that she would be able to attend the school wearing black or grey trousers in place of the tartan skirt.
In the High Court, Draper J found:
a) Following R v North and East Devon Health Authority ex p Coughlan [2001] QB 213, Ms Martin enjoyed a substantive legitimate expectation that she be allowed to wear black or grey trousers;
b) The test for determining the legality of the decision to depart from a legitimate expectation is whether or not the decision is objectively justified as a proportionate measure in the circumstances: Nadarajah v Secretary of State for the Home Department [2005] EWCA Civ 1363. Mr Jeffries’ decision was not proportionate and was therefore unlawful.
The Court of Appeal agreed with Draper J’s conclusions and granted the College permission to appeal to the House of Lords on both points.
