The Education Act 2002 clearly suggests that a Head Teacher in a state held or private school in England or Wales is legally authorized to exclude a student if the behavior of such a pupil is against the code of conduct required to be followed within the school premises.
However, school exclusion is referred to as the last resort. The order of exclusion is usually issued in line with the guidance of the Department for Education and the Welsh Assembly Government. Before issuing the exclusion order, the issuing authority must consider alternative penalties.
Furthermore, it is also essential to follow the required steps prior to excluding a student. If the issuing authority failed to follow these steps, the chances of a successful appeal against the decision of exclusion are always promising.
How to appeal against a School Exclusion?
The procedure followed while making school exclusion appeals may vary amongst various Local Authorities. The process associated with the schools maintained by the Local Authorities is quite different to what is followed while challenging school exclusion at an independent or private school.
In fact, the parent of a student must receive a school exclusion letter. This particular letter clearly shows the reasons for such exclusion. It must also provide the steps, which the parent of an excluded student can follow with a view to challenging the decision.
When the student is facing a temporary exclusion for more than five days, or such exclusion will lead to missing the public examination or national curriculum test, the student can challenge the order of fixed period school exclusion.
On the contrary, if the exclusion is for more than five days, you can contact the school governors and ask for the revision of such a decision. Irrespective of the type of school your child is studying in, your child owns the right to challenge the permanent school exclusion. The first forum to challenge this decision is the Governing Body.
If your appeal is dismissed at the initial stage, you can reach out to the Independent Appeal Panel. It's an independent body, which will conduct a formal hearing and review the decision. Generally, the appellate authority will consider whether the school authorities considered the alternate options before passing the decision of exclusion.
Moreover, the panel also pays attention to the procedure followed while passing such an order. The Independent Appeals Panel isn’t authorized to compel the school set aside its exclusion decision. On the contrary, the panel can request the school to reconsider the decision if the student has been successful in challenging the original decision. The decision made there to is susceptible to Judicial Review if it isn’t legally compliant.
School Exclusion, What is it?
Generally speaking, school exclusion suggests that a student isn’t permitted to attend the school or enter the school premises. This exclusion may either be for a set period or permanent. It usually happens when the serious misconduct of the student is proved. Local authorities try to prevent exclusion, yet the Head Teachers occasionally use this as a tool to manage the behavior of their students.
Types of School Exclusion
There are two basic types of school exclusion including fixed exclusion and permanent exclusion. Both these are explained as under.
- Fixed Exclusion
Commonly referred to as suspension, this kind of school exclusion temporarily prohibits the student from entering the school for a set period. The total period of exclusion doesn’t exceed 45 days. This kind of suspension is for specific days and the period should be reasonable as well justified.
This is so, as the exclusions for more than a couple of days would make it difficult for the student to continue with their studies. If the duration of a fixed-term exclusion is extended, the Head Teacher should notify the parent of such a student in writing.
- Permanent Exclusion
Known as the expulsion, this type of exclusion is permanent. The student is refrained from entering the school or attend any class on a permanent basis. This decision is usually passed when the student turns out to be a threat to the other students. Since every child holds the right to education, the order of permanent exclusion should only be passed as a last resort.
What are the consequences of a School Exclusion?
After the temporary exclusion, the student school is bound to mark the homework for the next five days. If such a suspension is for more than five days or permanent, the school must arrange an alternate school or educational institute for such a student. Local Authority can also play its role while suggesting such an alternative for the expelled student.
In the case of fixed-term exclusion, if the school failed to make such an arrangement within five days, you must contact the school. On the contrary, when the exclusion of permanent nature and no alternate educational institute has not been suggested within five days, the parent should contact the Local Authority.
What to do if you suspect that your child was expelled through discrimination?
The discrimination of the pupils by a school, which is solely based on their sex, race or physical ability is strictly prohibited in England and Wales. Especially, the passing of exclusion order by the school should never be based on discrimination. If you consider that the factor of discrimination has played a key role when passing the exclusion order of your child, you can clearly mention your reserve when filing the exclusion appeal. The exclusion letter issued by the school should outline the steps that the parent should consider when filing a complaint against the order.
How Immigration Solicitors 4 Me can assist if your Child has been Excluded from School?
In case your child has been expelled from his/her school, the best way to challenge this decision is to consult a specialist education law solicitor. Here at Immigration Solicitors 4 Me, we have the years of experience to deal with the school exclusion orders. Due to the unmatched expertise of our solicitors, the success ratio of school exclusion appeals is quite promising.
Our qualified and experienced solicitors are well equipped with the knowledge of correct procedures. This is the reason; we are capable of making successful appeals against school exclusion. In most of the cases, the true procedures are not followed, which causes straight away refusal of any appeal.
On the contrary, we take a close view of the procedure followed by the school authority while passing the exclusion orders. What we look at are the illegalities that are against the provisions of the Education Act 2002. Similarly, the failure to follow the correct procedure by Governing Bodies or Head Teacher also plays a key when challenging the school exclusion decision.
Normally the decision doesn’t comprehend the official guidance as provided by the Welsh Assembly Government or Department for Education. In a few of the cases, our experienced solicitors have also found that the expelled students were not allowed to put forward their versions. This amounts to procedural irregularities, which we can use to challenge the order of exclusion.
With extensive experience in this particular field, our solicitors investigate the circumstances that lead to the school exclusion. We are committed to guarding the rights of our valued clients. Hence, we would be more than happy to serve you.
For confidential and personalized advice regarding the school exclusion appeal, feel free to contact our experts today.
Why Choose Us?
No case is the same as another, and we do not take a ‘one size fits all approach’ to our clients. We prepare and undertake a tailored strategy based on our client’s individual’s needs and circumstances. Our experienced team is able to provide advice and assistance in various legal areas.
Our team will undertake a formal review of your case documents and advise you on the suggested next steps. Our expertise in this area means that care and consideration will be used when reviewing your file. We understand that matters can be time sensitive and you will receive our advice promptly following our instructions.
We are experts in advising and dealing with complex matters on behalf of vulnerable clients. Our team is committed to fighting for justice and providing a high quality service for all of our clients.