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The law relating to school exclusions is complex. It is not surprising that a number of establishments fail to follow the correct procedure preferring ‘informal exclusion’.
Informal exclusions are illegal and we can advise on the procedure to challenge this by Judicial Review.
In respect of formal fixed periods of exclusion or permanent exclusion; the School must follow a set procedure and offer you the right to make representations.
A fixed term exclusion is for a specific period of time on one or more occasion but must not exceed 45 school days in a single academic year. A fixed period can be extended or converted to a permanent exclusion in exceptional cases (for example where further information has arisen since the time of the initial exclusion period).
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A permanent exclusion involves the child being removed from the school roll. However, there is a right of appeal to the independent review panel.
Each school will have a behaviour policy and this should set out the standard required.
Actions out of school time may be relevant to a decision to exclude a pupil, but any decision to exclude must be fair, reasonable proportionate and necessary.
Exclusions should be a last resort and Schools should be aware of the potential relevance of special educational needs to any behaviour giving rise to an exclusion being considered. Parents have the right to have a special educational needs advisor become involved in the procedure to advise on this at no cost.
A request for a review of exclusion may be made to the governors or the independent review panel dependent on the length of the exclusion.
Our education law team can offer advice on the procedure, representation at the independent review panel and subsequent advice on judicial review if necessary, for more information call us on 01616 966 229 or complete our enquiry form and a member of the team will contact you directly.
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