Exclusion is often a distressing experience for both children and parents and it’s very disruptive to a child’s education. At Tees our specialist education solicitors can offer advice on what to do if your child is excluded from school.
Yes, you have a right to challenge a permanent exclusion and certain fixed period exclusions, regardless of the type of state school your child attends. For private or independent schools the school’s procedure for challenging an exclusion will be different and will differ between schools. In cases involving independent schools, you should ask for a copy of the appeal process.
You will have received a letter from the school if your child has been excluded which will set out how you can appeal the decision. It’s important to act quickly as there are often time limits. Our education legal specialists can support and advise you and also represent you at the hearing if you wish.
A child can be excluded on a permanent or fixed term basis. Your child’s school will let you know about the exclusion, followed by a letter detailing the reason and the length of the exclusion. The school should also make you aware of how to appeal the exclusion, if you wish to do so.
An unlawful exclusion is one which is informal or unofficial, that is, it involves a child being sent home or sent off the school premises, without it being officially recorded as an exclusion. In order for an exclusion to be lawful it must be:
If you believe your child has been unlawfully excluded from school, your first step should be to pursue an internal complaint with the school.
You’ll find our team of education lawyers friendly and easy to talk to and we understand the ins-and-outs of education law.
Our education law team is based in:
Essex: Brentwood, Chelmsford, and Saffron Walden
Hertfordshire: Bishop's Stortford and Royston
But we can help you wherever you are in England and Wales.
There are three types of exclusion:
No, a fixed-term exclusion cannot be made permanent, or be extended. In rare cases, it is possible for a further fixed-term exclusion (or permanent exclusion) to be issued, to begin directly after the end of the first fixed-term exclusion. This usually only happens if further evidence of the incident that led to the exclusion has come to light.
Yes. The decision can be made to exclude if it can be established that there’s a link between the event outside school and maintaining good behaviour levels in the school. This might apply if the child were to be accused of a serious crime such as possession of drugs or assault.
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