logo-education
0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

exclusions controversy continues

19 March 2012

An inquiry led by England's children's commissioner Dr Maggie Atkinson has found that some schools are unlawfully excluding pupils, putting increased pressure on the government to take action even though only a minority of schools are at fault.

Come September, new exclusions guidance will be in force replacing appeal panels with ‘review panels’ which have to apply complex judicial review principles yet no longer have the power to direct reinstatement. They can however recommend the school reconsider their decision to exclude and fine the school around £4,000 for failing to do so. In addition, cases of alleged disability discrimination will be heard by the First Tier Tribunal which can direct reinstatement and award damages and costs.

It’s hard to see the government’s message in their reforms. Schools must be able to exclude but are likely to think twice (especially if the pupil is disabled) or risk a financial hit. The reforms do not appear to appease anyone; the controversy surrounding exclusions is bound to continue.

related opinions

Lateral flow daily contact testing paused

Following last week’s Guardian article about the concerns over lateral flow daily testing for those identified as having been a close contact of a person testing positive for Covid-19, Public Health England (PHE) and NHS Test and Trace (NHSTT) have published a position statement to recommend that daily contact testing in schools will be paused.

View blog

Lateral flow testing in schools

Lateral flow testing is underway in schools across England to provide rapid Covid-19 testing of staff and students in secondary schools and colleges.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up