School Exclusions
There are a range of penalties that a school may impose on students in response to instances of poor conduct. The most serious and severe sanction a headteacher may set down is permanent exclusion.
There are a number of reasons why a student could be excluded including:
- Persistent disruptive behaviour
- Physical assaults
- Drug and alcohol related
- Possession of a ‘prohibited item’
- Sexual misconduct
- Damage to school property
A headteacher should ensure that a full and fair investigation is undertaken and exclusion only used as a ‘last resort’.
How to appeal a school exclusion
A decision to permanently exclude a student will be reviewed and can be challenged by:
- Governing Board: parents should be provided an opportunity to put forward their case against the decision made by the headteacher.
- Independent Review/Appeal Panel: if the governing body agree with the headteacher, parents can request that an independent panel review the decision made.
In addition to the above, the following options may also be available:
- Disability discrimination claim – SEND Tribunal/Education Tribunal for Wales
- All other types of discrimination – County Court
- Judicial Review – High Court
How we can help
Our dedicated school exclusion lawyers can support you at each step of the process including:
- Advise if the school have followed the correct steps and procedures
- Obtain evidence to support your child’s case
- Consider any potential grounds of discrimination
- Draft detailed grounds of appeal
- Attend the board of governors review meeting
- Attend the IRP/IAP hearing
Parents are provided the opportunity to ask questions during the hearings, so it is crucial to know what questions are important to ask both the headteacher and the governors.
Our permanent exclusion solicitors are experienced in dealing with exclusions in both England and Wales.