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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.
The recent case of R (on the application of A Parent) v Governing Body of XYZ School [2022] EWHC 1146 (Admin) provides some welcome and reassuring guidance to governing boards on the exclusion reconsideration process.
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With 19 HR experts now supporting over 500 schools and trusts across the country, in this edition of 60 seconds we sit down with Emma Hughes, who leads the team, to discuss what this significant milestone means to her.
In order to reduce the risk of potential breaches, schools should follow this Health and Safety Executive guidance.
A ResPublica report highlighted that asbestos continues to be the UK’s number one occupational killer, with nurses and teachers 3 to 5 times more likely to develop mesothelioma than the general UK population. The House of Commons Work & Pensions Select Committee is investigating how the HSE manages the continued presence of asbestos in buildings.
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