School Exclusion Appeals

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Having your child suspended or permanently excluded from school can be incredibly upsetting. You may be worried about what happens next, whether the decision was fair and, particularly if your child has SEND, ALN or a disability, whether their individual needs were properly considered.

An exclusion can have a significant impact on your child’s education and wellbeing. If you believe the decision was unfair, the correct procedures were not followed or your child’s needs were not properly taken into account, you may have grounds to challenge it.

Our specialist education solicitors support families across England and Wales, helping parents understand their rights, challenge exclusion decisions and make sure their child’s circumstances are properly considered.

What types of exclusion are there?

There are two main types of exclusion.

Fixed Term (often called ‘suspension’) means your child is temporarily prevented from attending school for a specified period.

Permanent exclusion means your child is removed from the school permanently, subject to the review and appeal process.

The procedures and rights available to parents differ depending on the type of exclusion, the type of school and whether your child attends a school in England or Wales.

Can I challenge my child's exclusion?

Yes, depending on the circumstances.

If your child has been permanently excluded, the school’s governing body must review the decision and you have the opportunity to make representations. If the exclusion is upheld, there are further review or appeal rights which differ between England and Wales.

There may also be grounds to challenge an exclusion where:

  • The correct procedures were not followed
    • Relevant evidence was not properly considered
    • Your child’s SEND or ALN was not properly taken into account
    • Your child’s disability was not properly considered
    • Reasonable adjustments were not made
    • The decision was based on inaccurate or incomplete information
    • There are concerns about discrimination

The circumstances of every case are different, so it is important to understand the reasons for the exclusion and the evidence behind the decision.

What if my child has SEND, ALN or a disability?

This can be particularly important.

Schools should consider whether a child’s special educational needs or disability may have contributed to the circumstances leading to an exclusion and whether appropriate support and adjustments have been provided. Government guidance in England specifically states that schools should not permanently exclude a child simply because they are unable to meet their SEND or disability related needs.

If your child’s exclusion relates to behaviour or other circumstances arising from their disability, there may also be issues under the Equality Act 2010. In these circumstances, it is important to seek advice as you may have grounds to bring a claim to the SEND Tribunal.

Where an EHCP or IDP is involved, it may also be necessary to consider whether the provision in place is meeting your child’s needs. If the school refused to make a reasonable adjustment, again there could be grounds to bring a claim to the SEND Tribunal and so advice should be sought.

What happens after an exclusion?

Your child’s education should continue during an exclusion.

The arrangements depend on the length and type of exclusion and whether your child is in England or Wales. In England, for example, the school and local authority have specific responsibilities for providing education during and following suspensions and permanent exclusions.

If your child is permanently excluded, the local authority has responsibility for arranging education where your child is of compulsory school age and has not yet secured another suitable educational arrangement.

If you are concerned that your child is receiving little or no education following an exclusion, we can advise you on what should happen next.

How does the process differ between England and Wales?

Although the legal framework for exclusions is different in England and Wales the Equality Act 2010 applies for both England & Wales.

In England, a permanent exclusion can be reviewed by an Independent Review Panel if the governing body does not reinstate your child.

In Wales, permanent exclusions follow a different process involving the school’s discipline committee and, where appropriate, an Independent Appeal Panel. The Welsh framework also gives panels different powers from those available in England.

There are important deadlines at each stage, so it is important to seek advice as soon as possible.

How can we help?

Our specialist education solicitors can:

  • Review the reasons for your child’s exclusion
    • Consider whether the correct procedures were followed
    • Identify issues relating to SEND, ALN or disability
    • Advise on reasonable adjustments and discrimination
    • Help prepare your representations and supporting evidence
    • Advise on governing body reviews and independent panels
    • Represent you at hearings where appropriate
    • Advise on your child’s education following exclusion

If your child has been excluded from school and you are worried about what happens next, we can help you understand your rights, your options and the steps you can take to support your child.

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