A child can be excluded from school permanently or for a fixed period of time. The exclusion of a child from school can be upsetting and potentially devastating for a child.
The Head Teacher and Governors have to consider all of the circumstances of the incident that lead to the exclusion very carefully. There are a number of procedures that have to be followed. You must take action quickly and this is an area where an expert overview of the process is vital. Procedural mistakes may lead to the decision to exclude being reviewed and reconsidered.
Challenging a Decision
Parents and children have a right to challenge the decision, and a right to attend a hearing at which an independent panel scrutinises the school's actions.
The relationship between school, the child and sometimes the parents is also important and has to be carefully considered. The school and governors have to have acted properly and followed their procedures. Anything done in haste, or where policies have not been followed can lead to a successful challenge. An assessment of the process and a review of the paperwork is essential to determine this.
If you can obtain advice before the Governors meet to consider a permanent exclusion that can be very beneficial to your case. I can help prepare you for this meeting and ensure that the governing body takes your views and opinions into account.
If the Governors support the Headteacher’s decision you are entitled to seek a review from an Independent Review Panel (IRP). This IRP can review what has happened, how the exclusion has been handled and take account of new evidence, information or Special Educational Needs. They have the power to quash the original decision and ask for it to be reconsidered.
I can provide advice and support to:-
- Consider the school policies and procedures
- Examine the evidence and the investigation process
- Challenge unfair or unreasonable decisions
- Consider the lawfulness of any exclusion
- Draft any statements or documents to challenge the decision
- Prepare you for the Governing Body meeting – or attend with you
- Advise on grounds of appeal to the IRP
- Draft that paperwork and prepare you for the hearing
- Represent your son or daughter’s case at the IRP
- Advise on any possible Judicial Review
This is a complicated area of law that inevitably has a very emotional impact on all concerned. Our service is based on years of experience dealing with Education Law matters and we can help you though this difficult process. The rules and regulations about exclusions touch on many areas of education and public law. The guidance from September 2012 puts many obligations on schools and all must be followed.
I offer a free 20 minute consultation to determine if we are able to assist in your child's case. Also please see my blog on the left side of this page for more information and Factsheets. Please contact me at the earliest opportunity.
Call us on 0333 7729763 or 07736 669 961 or email us for expert advice