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

high Court critical of exclusions guidance

1 August 2014

The first reported High Court case arising from the exclusions framework which came into force in September 2012 has been published. The judge was critical of the expectation of the framework to require lay panels (IRPs) comprised of volunteers to make decisions based on complex judicial review principles. He also criticised the guidance for being unclear on the judicial review principles and the requirements of decision making on reconsideration by a governing body following an adverse decision by the IRP.

Whilst guidance can never cover off every eventuality in the exclusion process, the exclusions guidance was a concise document and did lack vital detail on certain key issues – evidence, judicial review principles and how schools should deal with reconsideration hearings. Given that the new framework has been in operation for nearly two years, it would be an opportune moment to reflect on the decision and issue updated guidance providing greater clarity to improve decision making.

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

The lateral flow testing of university students

Guidance for students returning to, and starting higher education, in spring term 2021 requires universities to set a clear expectation that all students should access Covid-19 testing on their return to university.

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

School opening FAQ – 4 January 2021

Our FAQ has been put together to assist you in decision-making on school opening.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up