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behaviour and exclusions

education-children-laying-heads-on-desks

Dealing with incidents of poor behaviour remains a key issue in all types of school and remains a high profile issue nationally. We support schools in dealing with these incidents and provide practical advice on the options available to them to ensure teaching and learning within the school is not adversely affected, as well as protecting the school from complaints or claims. Our lawyers are experienced in supporting schools and fully understand the process and pitfalls surrounding exclusions.

what we do...

  • Drafting or reviewing behaviour policies – ensuring your policies are up to date.
  • Supporting you on decisions to exclude on a fixed term or permanent basis - as well as advising on options to avoid exclusion.
  • Reviewing or drafting exclusion letters - from head teacher, governing body or Independent Review Panels (IRP).
  • Representing head teachers - at governing body hearings and head teachers/governing bodies at IRP hearings.
  • Advice on challenging IRP decisions - as well as advice on reconsideration of exclusion decisions.
  • Clerking of governing body hearings or IRP’s.
  • Establishing frameworks - for schools to collaborate on discipline and exclusion issues.
  • Panel member selection and training - assisting schools (or groups of schools) with the selection, appointment and training of panel members and clerks.
  • Helping you deal with complaints - arising from behavioural issues or exclusion decisions.
  • Advising on SEND or equalities issues - arising from sanctions in relation to behaviour.

related resources

Legal updates

‘Tendency to Physical Abuse’ should no longer be considered an automatic defence to disability discrimination claims arising out of the exclusion of school pupils

Since the Equality Act 2010 (Disability) Regulations 2010 (S.I. 2010/2028) and the leading case of X v The Governing Body of a School (SEN) [2015] UKUT 0007 (AAC) schools have been able to rely on Regulation 4(1)(c) Equality Act 2010 as a defence to any alleged discrimination towards pupils arising out of a decision to exclude.

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Guides

FAQs - new exclusions statutory guidance

This FAQ covers the new exclusion statutory guidance (2017) issued by the DfE replacing the 2012 version. This FAQ answers some of the key questions that schools and academies are likely to have on the new guidance.

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Legal updates

Exclusions guidance 2017: an update

Following a government consultation earlier this year, the DfE has now published revised statutory guidance on exclusions for maintained schools, academies and pupil referral units in England.

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Legal updates

Consultation on revised exclusion guidance

The Government has launched a five week consultation, closing on 25 April 2017, on their revised exclusion guidance.

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