Show your workings out: The legal lifeline school leaders are missing
Remember sitting in your maths exam, pencil poised, stomach knotting as the clock ticked down?
Your teacher's voice echoed in your head: show your workings out. Not because the examiner doubted you could reach the right answer, but because the real marks lived in the logic, the steps, the chain of reasoning that led you there.
Get the answer wrong but show a sound method, and you'd still walk away with most of the points. Get it right but show nothing? One mark. Maybe two. A lucky guess rewarded like a lucky guess.
It turns out this is one of the most powerful analogies available to school and trust leaders navigating the complex, high-stakes decisions that land on their desks every single day.
The temptation to jump to the answer
When time is short (and in schools, time is always short), there is a temptation to go straight to the conclusion.
A pupil's behaviour has escalated to the point where a permanent exclusion feels inevitable. A child with a complex medical condition wants to join the school ski trip to France, and the instinctive response is that it simply can’t be managed safely.
A trust, facing unsustainable falling rolls at one of its schools, has quietly reached the conclusion that closure is the only viable option – and when the statutory consultation begins, it feels to parents and staff like little more than a formality, the outcome already written.
In each of these cases, the answer might be right. The permanent exclusion might be entirely justified. The ski trip might genuinely not be manageable. The school closure might be the only financially responsible course of action.
But without showing the workings out – creating an audit trail – we can’t distinguish between a well-reasoned conclusion and a lucky guess.
What 'showing your workings out' actually means
In the legal context, showing your workings out means being able to demonstrate, clearly and evidentially, that the right statutory tests were applied, all relevant circumstances were identified and genuinely considered, key stakeholders were properly consulted, and the decision arose from a reasonable and structured assessment of all those elements, rather than a gut feeling, an unexamined assumption or a bias that was never acknowledged, let alone interrogated.
For a permanent exclusion, this means doing the work before the decision is reached, not after.
The headteacher's report should reflect a genuine process of structured thinking that took place prior to the exclusion being issued – one that shows the pupil's individual circumstances were identified and weighed at the time, such as their special educational needs, home situation or any relevant contextual factors.
It should demonstrate that the school's own behaviour policy was properly applied throughout, and the decision to exclude was proportionate in light of everything known at that point. A report that reads as though it was written to justify a conclusion already reached will rarely withstand scrutiny.
For the child with the medical condition and the ski trip, it means resisting the instinct to reach for a quick answer and instead thinking creatively about what might actually be possible.
That requires genuine collaboration, working openly with the pupil, their parents, and the medical and other professionals supporting the child to understand the real picture, explore what adjustments or arrangements might make participation viable, and approach those conversations with a genuinely open mind rather than a conclusion already formed.
It also means undertaking a proper, individualised risk assessment, one that engages with the specific circumstances of that child rather than defaulting to a generic view of what a medical condition might mean in practice. The school that can show it did all of that and only then reached its decision is in a fundamentally stronger position than the one that declined first and justified afterwards.
For the trust considering school closure, it means a consultation process that is genuine rather than cosmetic, one that can demonstrate the trust actively engaged with the concerns raised by parents, staff and the wider community, properly considered alternative options, and arrived at its decision through a transparent and evidenced assessment of the educational and financial landscape, not a conclusion that was fixed before the first public meeting took place.
The difference, when a decision ends up under scrutiny at a tribunal, judicial review or in the courts is not small. Panels and judges are not only asking whether the right answer was reached. They are asking whether the right process was followed. A decision that looks defensible in isolation can unravel quickly when evidence of the workings out are simply not there.
The role of the right legal partner
This is where the relationship between schools and their legal advisers needs to be something more than a consultation at the point of crisis.
The best legal partners in education are not simply the people who explain the statutory framework to you, walk you through what best practice guidance requires, or list the legal hoops you need to jump through.
What makes a difference is having a thought partner – someone who sits alongside you as you work through the problem, who holds the legal framework in mind while also challenging your thinking, calling out assumptions, and acting as an informed critical friend before the decision is made, not after it has been challenged.
The most valuable conversation is the one that happens when you are still forming your view, still gathering information and still genuinely open to where the process might lead.
That is where good legal support helps you show your workings out in real time, structuring the decision-making process, identifying the questions that need to be answered, flagging the stakeholders who need to be heard, and ensuring that when a conclusion is reached, it rests on a foundation that can withstand scrutiny.
Not retrofitting a rationale
What no legal adviser worth their salt wants to be doing – and what schools should equally want to avoid – is the alternative: being brought in after the fact to construct a rationale around a decision that was made without any evidence of that structured analysis.
Retrofitting a justification is not only legally precarious. It is also, frankly, exhausting and expensive. The legal challenge that follows an unconsidered decision costs far more in time, resource, reputation and stress than the early conversation that might have prevented it.
So the next time a high-stakes decision lands on your desk and the answer feels obvious, pause.
Ask yourself whether you can show your workings out – not just the conclusion, but the reasoning, the consultation and the logic that got you there.
Pick up the phone to your legal adviser before the decision is made, not after, and work through it together. And record the thinking, not just the outcome. To discuss your circumstances further, contact our specialist schools and academies team for expert insights.
Contact
Victoria Hatton
Partner
victoria.hatton@brownejacobson.com
+44 (0)330 045 2808