Education Law

The decision to exclude a child from school for a fixed term or permanently is made at the discretion of the individual school.  Every school should have a behaviour policy which is available upon request.

Excluding a child from school should be imposed by Head Teachers as a last resort.  In addition to the school’s behaviour policy there is guidance  from the Department of Education that Head Teachers must take into account entitled “Improving Behaviour and Attendance: Guidance on Exclusion from Schools and Pupil Referral Units 2008”.  A Head Teacher must make a thorough investigation of all the circumstances before a decision is made.

The school must notify you in writing whether the exclusion is fixed term or permanent, the length of the exclusion, the reason for the exclusion and provide advice to parents on their right of appeal against the exclusion.

A parent can appeal against a fixed term exclusion of more than 5 days to the Governing Body of the school.  If your child has been permanently excluded, it is possible to make representations to the school’s Governing Body and if they do not overturn the exclusion you have a right of appeal to the Independent Appeals Panel.

If a parent fails on appeal it may be possible to challenge the decision of the Independent Appeals Panel through a judicial review in the High Court.

Why we are different?

We offer practical support and advice to parents regarding the correct procedure that should be followed when a child is excluded from school. We advise parents on their right to appeal a decision to exclude their child from school.  We can provide advice, draft legal arguments and arrange representations at appeals before the Governing Body and Independent Appeals Panel.

Your Next Step

Contact Karen Chapman or Christina Pieri to arrange a Fixed Fee Initial Meeting

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For more information, call us today on 0208 882 9850