Children can be excluded from school based on a number of reasons.
A head teacher should only make this decision when there is no other alternative for the child. Exclusions have become all too frequent and are being imposed on children without other remedies being sought first. If your child has been temporarily or permanently excluded from school, you may be able to challenge the decision.
School exclusions guidance
Exclusions should only be imposed as a last resort by head teachers. A head teacher should only make his or her decision following a thorough investigation. There is guidance from the Department for Education that head teachers must take into account before a decision is made.
Children with special educational needs are statistically disproportionately excluded. Schools are simply not able to meet some children's special educational needs and exclude them unfairly. Children from ethnic backgrounds are also statistically disproportionately excluded.
Appealing school exclusions
A parent can appeal against a fixed-term exclusion of more than 5 days to the governing body of the school. If the child has been permanently excluded, the parent will have a further right of appeal to the Independent Appeal Panel. Both of these appeals are statutory rights. We can represent you at the hearings and advise on potential grounds for judicial review following the hearing.
All local authority-maintained schools must consult the Department for Education Guidance entitled "Improving behaviour and attendance: guidance on exclusion from schools and pupil referral units 2008". You can obtain a copy of this from the Department of Education.
Moore Blatch can assist you with your legal needs. We offer practical solutions for parents and children faced with legal challenges in all areas of education law. Client service is the biggest priority at our firm. When you instruct us, you can feel confident knowing that an experienced and qualified solicitor will be advocating on your behalf.
Discuss your case with one of our solicitors for school exclusion matters. Phone us on 023 8071 8000 or contact us online.