Public school boy's legal challenge adjourned

BRITAIN: A father's legal bid to prevent a top public school expelling his son was postponed yesterday.

BRITAIN: A father's legal bid to prevent a top public school expelling his son was postponed yesterday.

Property restorer Russell Gray (49) from Knightsbridge, central London, says the action taken against his son Rhys (15) by Marlborough College, Wiltshire, is unlawful.

He says the school, attended by Princess Eugenie, is kicking him out to protect its standing in the league tables rather than in Rhys's best interests.

The college says it is refusing to allow Rhys back in September to do his A-levels because of his "exceptionally poor" behaviour.

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Mr Gray appeared at Swindon county court yesterday to apply for an interim injunction to prevent the expulsion until the matter could be heard in a trial before a civil judge.

But after discussions between lawyers from both sides, the injunction application was scrapped and it was decided that all the issues should be aired at a full trial.

Unable to list the hearing at Swindon, judge Charles Wade said the trial would take place at Southampton county court on September 27th, running all week.

Should Mr Gray's case succeed, it would be a ground-breaking challenge to the independence of independent schools, such as Marlborough.

Rhys has been at Marlborough College for three years and is currently awaiting his GCSE results, due out on August 25th.

He said outside court yesterday that he was predicted to score between As and Cs in his 10 subjects - results that academically should warrant his being accepted into the sixth form to do his intended A-levels of physics, chemistry and maths.

Asked how his behaviour has been, he said: "It's not been perfect but it would easily merit my place in the sixth form."

Rhys said he had accrued 400 blue chits, awarded for minor disciplinary breaches such as chewing gum, during his time at the school. - (PA)