Exclusions from school law

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).

loading staff

Permanent exclusion

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 0175 321 5096 or complete our enquiry form and a member of the team will contact you directly.

9.0 out of 10
Trustpilot logo5-stars on trustpilot Based on count 392

We're Great

It is our business to deliver legal services that work for our clients, and you can trust our specialists to take care of things on your behalf.

Our Trustpilot reviews

  • [youtube url="https://www.youtube.com/watch?v=k-PBd62xxas"]
  • [youtube url="https://www.youtube.com/watch?v=mhGglKcbe7A"]

Case highlights tragic handling of P's repatriation to Colombia

The recent reported case of  London Borough of Lambeth v MCS & Anor [2018] EWCOP 14 and [2018] EWCOP 20 highlights the tragic handling of a vulnerable adult’s repatriation to Colombia. The 55-year old Colombian woman, referred to as...

Read more

Twitter block 1 tweet

Family team at Stephensons appoints two new solicitors

Stephensons has appointed two new solicitors to its family law  team as the firm continues to see growing demand for its specialist services.   Nicola Clayton joins the firm’s Wigan office. Having qualified as a solicitor in...

Read more

Education law reorder

  • Mike Pemberton
  • Natalie Tolley

We're always here for you

As an award-winning top 150 law firm, with over 450 staff based in offices across the country, you're never far from the advice you need.

Find your nearest Stephensons office and arrange a meeting

As an award-winning top 150 law firm, with over 450 staff based in offices across the country, you're never far from the advice you need.