Schools & Public Education
School Exclusions, SEND & Public Law
Advice concerning exclusion, special educational needs and challenges to the fairness and legality of education-body decision-making.
Discuss an Education Dispute
Overview
Decisions made by schools, academy trusts and local authorities can have immediate and significant consequences for a child’s education. Disputes may concern suspension or permanent exclusion, special educational needs, disability, educational provision or the legality and fairness of public education decisions. The correct procedural route should be identified early.
Issues We Can Assist With
Suspensions and permanent exclusions
Governing-body reviews
Independent Review Panels
EHC needs assessments
Education, Health and Care Plans
Placement disputes
Failure to implement provision
Procedural unfairness
Public-body duties
Types of Cases
Permanent exclusion following a disputed incident
Repeated suspensions
SEND or disability issues connected with exclusion
Refusal to assess educational needs
EHC Plan provision disputes
Placement disputes
Local-authority decisions affecting education
Urgent education-body decisions
Our Approach
01 — Identify the Decision-Maker
Establish whether the decision has been made by a school, trust, governing body, local authority or another education body.
02 — Identify the Correct Route
Determine which review, appeal, complaint or public-law mechanism applies.
03 — Examine Procedure
Consider whether the required process was followed fairly.
04 — Examine the Evidence
Assess the factual basis for the decision and relevant material that may have been overlooked.
05 — Consider SEND and Disability
Examine whether needs, disability, support requirements or adjustments materially affect the dispute.
How a Matter Typically Develops
Exclusion: decision → governing-body stage where applicable → independent review where applicable.
SEND: education or EHC decision → review or representations → applicable appeal route.
Public law: decision → legality reviewed → pre-action challenge where appropriate.
Potential objectives include reconsideration, correction of unfairness, appropriate educational support, assessment of needs, provision or placement amendments, implementation of provision or another educational remedy.
Professional Principles
Clarity — We identify the actual decision, procedure and regulatory issues at the beginning of the matter.
Evidence — Arguments are developed from the documentary record, applicable rules and evidence rather than assertion alone.
Proportionality — We identify the route and remedy most appropriate to the circumstances.
Independence — Advice is based upon an objective assessment of strengths, weaknesses and options.
Discuss Your Case
If you are facing a university or education dispute, we can review the circumstances, identify the relevant procedure and provide an initial assessment of the available options.
Other Areas of Practice
University Academic Appeals · Academic Misconduct · Fitness to Practise · University Complaints & OIA