A Practical Guide to the Law in Relation to School Exclusions

A school exclusion is a sanction of last resort that can adversely impact a pupil’s life outcomes for many years after the event. The law relating to school exclusions is a complex tangle of public and regulatory law, anti-discrimination and human rights, statutory guidance, and (in relation to independent schools) principles of commercial contract and tort. It can be very difficult to know where to start, whether challenging a decision to exclude or defending one. This book offers a practical guide to the law, and will serve as a useful source of reference for pupils and their parents, head teachers, governing boards of schools, local authorities and practitioners in this surprisingly complex and multidisciplinary area.

ABOUT THE AUTHORS

Charlotte Hadfield is the head of 3PB Barristers’ (3 Paper Buildings) Education Team. She is a specialist in all areas of law related to education, including health, social care and employment law, and has a particular interest in exclusion and discrimination. She is listed in the Legal 500 and Chambers & Partners as a leading junior in education law. Charlotte’s first introduction to education law was as a clerk for independent appeal (now review) panels. She represents excluded pupils, their parents, governing boards and local authorities before independent review panels, in the First-tier Tribunal and the County Court in claims for discrimination and breach of contract, and in the Administrative Court in judicial review proceedings. Charlotte has also appeared in education-related appeals before the Upper Tribunal and the Court of Appeal. Her clients appreciate her approachability, pragmatism and user-friendly advice in conference, and her knowledge, experience and attention to detail in hearings. Charlotte has delivered training on all aspects of education law to a variety of audiences, including parents, schools, local authorities, expert witnesses and lawyers.

Alice de Coverley is a specialist education, equality, inquiries and public law barrister with 3PB Barristers (3 Paper Buildings). She regularly acts on behalf of children and young people, vulnerable adults, parents and carers, schools, local authorities, charities and NGOs, government departments including Ofsted, students, and universities.

Alice has been challenging unlawful exclusion practices since she was at law school, when she was the Chief Director of the award-winning pro bono unit, the “School Exclusion Project”. In 2012 the School Exclusion Project won the ‘Bar Pro Bono Award’. In 2014 the School Exclusion Project was runner up in the Attorney General LawWorks Pro Bono Awards for ‘Best Contribution by a Team of Students’. Alice has also helped to create a number of BBC Radio 4 programmes about school exclusions. She is also newly listed this year in both the Legal 500 and Chambers & Partners.

CONTENTS

Chapter One – School Discipline
Chapter Two – The Decision to Permanently Exclude: Maintained Schools, Pupil Referral Units and Academies
Chapter Three – Challenging the Permanent Exclusion Decision – The Governing Body Disciplinary Committee and Independent Review Panel Stages
Chapter Four – Judicial Review of an Exclusion Decision
Chapter Five – Independent Schools
Chapter Six – Discrimination
Appendix – Organisations Providing Support to Parents of Excluded School Pupils