Education Law Solicitors

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HCB SEN Solicitors

School Exclusion Solicitors

According to the Education Act (2002) a head teacher in England or Wales has the power to exclude any pupil whose behaviour is not in agreement with the general standard of expectations of conduct.

Exclusion from school is considered a last resort and certain steps must be followed in accordance with the guidance issued by the Welsh Assembly Government and the Department of Education. If these steps are not followed correctly, it is likely that an appeal will be successful on the basis of breach of procedure.

Once a pupil is suspended it is the school’s duty to set and mark homework for the first 5 days of the suspension. If the exclusion extends beyond 5 days, the school is also required to organise alternative education from the sixth school day of the suspension. The school should also advise parents of their child’s new arrangements, and then it is up to the parents to ensure the child attends. It is the responsibility of the parent to take control of the location of an excluded child during the first 5 days of their exclusion. If, during school hours, an excluded child is found on school premises or in a public place, you will have committed a criminal offence, and could be prosecuted and fined by the Local Education Authority.

Our specialist School Exclusion solicitors are able to ascertain whether the school followed the appropriate processes and provide advice in the many instances where a school failed to follow the necessary exclusion steps.

The HCB education team have extensive experience when it comes to school exclusion cases and we will push hard for justice. We will endeavour to fully investigate the circumstances surrounding the decision and make sure your child was not wrongfully excluded. Such an exclusion may be deemed unacceptable on the basis of discrimination, inconsistent evidence, or if procedures were not followed efficiently.

To gain initial advice regarding a school exclusion please call our solicitors on 0333 202 7175 or, alternatively, complete the online form and we’ll contact you.