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

Levelling Up – What now for education policy?

Following the Conservatives’ election victory in December the new government will be able to implement their election manifesto in full.

View blog

Multi Skilled Visit: what is the impact of it being a right under the new Electronic Communications Code?

A Multi Skilled Visit (MSV) is when a survey is carried out on behalf of operators for the purpose of seeing whether a new site is suitable for the installation and operation of electronic communications equipment.

View blog

UK universities receive fire and safety complaints

Statistics released by Eaton indicate that 1 in 4 Universities have received complaints about fire safety issues or building evacuation procedures from students, staff or members of the public in the last 5 years.

View blog

High Court issues injunction to LGBT teaching protestors

The High Court yesterday handed down its judgement in relation to an application for an injunction by Birmingham City Council, preventing protests in the vicinity outside of the Anderton Park School.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up