The Revd E.J. Norman in court - issues of school governance
In
the 1890s a former curate of Christ Church Watney Street became
embroiled in controversy over his parochial (National) schools at Ocker
Hill, Tipton, in cases that raised issues about the power that
incumbents held over 'their' schools and their employees - including
those who lived in tied accommodation - and the potential for
abuse.
Lane v Norman (1891) 61 LJ Ch 149
This
was an injunction brought by the headmaster - who had been in post, and
in provided accommodation, since 1863 - against his summary dismissal, via the following letter:
To Francis Lane, Head Master of the Ocker Hill National Schools, Tipton, in the county of Stafford. We, the undersigned, being the present committee of management of the Ocker Hill National Schools, do hereby give you notice that from and after the 25th day of December next your services as head master of the said schools will not be required, and that from and after the said 25th day of December next your salary as such head master will cease to be payable. We also give you notice to quit and deliver up possession of the school-house and premises situate at Ocker Hill, in the county of Stafford, which you now occupy as such head matter as aforesaid, on the said 25th day of December next, as witness our hands this 28th day of September 1891 - E. J. Norman, VIcar of St Mark's, Ocker Hill; Richard Wm. Morley, Curate; Benjamin Lloyd, Churchwarden; George Parsons, Sidesman |
Endowed school —
Dismissal of schoolmaster — Vacancies on committee — Re-arrangement of
staff — On the 18th Sept. 1857 a piece of land was conveyed to the
minister and churchwardens of a district church as a site for a chnrch
school under the inspection of Government. The deed provided thiat the
management of the school, and election, appointment, and dismissal of
the schoolmaster and mistress and their assistants should be vested in
and exercised by a committee consisting of the vicar and curate or
curates and the churchwardens of the district church and five other
named persons, subscribers to the school. Vacancies among these five
were to be filled up by election by the subscribers to the school for
the current year. The deed contained a proviso that no default of
election nor any vacancy during any current year shall prevent the
other members of the committee from acting until the vacancy be filled
up. The five subscribers appointed by the deed had long since died or
left the neighbourhood, and no one had ever been elected in their
place. On the 14th Sept. 1891 a meeting of the committee was held, at which the vicar, curate, and one of the churchwardens were present, and also a sidesman, who was not properly a member of the committee. No notice had been sent to the other churchwarden. At this meeting a resolution was passed to terminate the engagements of all the existing staff, in order to make new arrangements. The reason given was, that new arrangements were necessary in consequence of the Free Education Act [this Act of 1891 provided for the state payment of school fees up to then shillings a week, to help poor parents]. No charges of misconduct or inefficiency were brought against the master. The master brought an action to restrain the committee from dismissing him on the grounds that the committee was improperly constituted, and he ought to have been heard in his own defence. Held, that the committee were competent to proceed, notwithstanding that the vacancies of elected members had never been filled up; but that the absence of notice to one churchwarden and the presence of a sidesman at the committee were fatal objections, and an injunction must be granted to restrain the dismissal. The Court refused to decide whether the plaintiff ought to have been heard, but granted the injunction without costs on the ground that the committee were substantially right, though they had made a teohnical mistake. |
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