GOVERNORS at St Mary Magdalene School have 49 days to gather evidence to support the expulsion of Jevan Richardson, the boy found hanged in his Forest Hill home.

This is a legal triumph for Jevan's mother, Carol Edmund, 34, who believes the exclusion led her son to commit suicide.

A note written by the 10-year-old was found 10 months before his death.

Now his mother has been granted the right for a judicial review, allowing her to argue that her son's exclusion last December was unlawful and should be reversed.

Mr Justice Moses rubber-stamped the family's case at the High Court last Wednesday.

He rejected defence counsel Jo Richards' argument the exclusion was not connected with the tragedy last February.

When Miss Richards, for the school, in Brockley, said Jevan's death made the issue of his exclusion purely academic, the judge replied: "It can't have helped his state of mind, can it?"

Mr Justice Moses ruled the case was not "academic" but went on to encourage both sides to settle out of court, referring to "feelings still being very raw".

He said: "There are many ways, other than going on to a full hearing, that this matter can be resolved.

"I hope both sides will get together urgently to consider whether any good can be achieved by a full hearing of this matter."

The school has until January 23 to organise a case to prove the exclusion was lawful, or the two parties will settle out of court.

An open verdict was recorded at the inquest into the boy's death in June.

Lewisham Council is completing its own investigation into the tragedy and will publish a summary document in spring.

Dan Mahoney, chairman of the school's board of governors, said: "Pending the outcome of the legal proceedings, it would not be appropriate to comment on the case."

csteel@london.newsquest.co.uk

December 4, 2001 12:47