Why legal aid may now be available for SEND families challenging school exclusions

By Sabrina Simpson, Senior Solicitor, Coram Children’s Legal Centre

Image shows colourised picture of a boy sitting with his arms around his knees looking sad

Contents

SNJ intro: Recently, the Department for Education published the most recent data on school exclusions in England. The rate of permanent exclusion for pupils on SEN support was six times the rate for those with no identified SEND. For those with EHCPs, it was four times higher. In the light of recent concerns, this may only get worse if changes to EHCPs are made without a sea change in how education works

For families of excluded children, a recent decision by the High Court has opened up the possibility of obtaining legal aid. Sabrina Simpson, Senior Solicitor at Coram Children’s Legal Centre, has written about the case for SNJ and explained how it could help families to challenge school exclusions.

How legal aid may now be used by families of children excluded from school. By Sabrina Simpson, Senior Solicitor, Coram Children’s Legal Centre

As one of the few solicitors in England who specialise in school exclusions, I’ve worked with families facing heartbreaking permanent exclusion from school of children from as young as just five years old, to those preparing for GCSEs. Devastated parents and children are left feeling like their world has fallen apart.

Permanent exclusion from school should only ever be a last resort, but too often they happen unlawfully. I’ve yet to encounter a case where a school has fully followed the government’s exclusion guidance and its own behaviour policies.

Disability and racial discrimination are often at the root of these decisions. Despite the risk of injustice, there remains little scrutiny to ensure school exclusions are lawful, non-discriminatory and fair.

Also read: Act now! Sign and Share the Parliamentary Petition to PROTECT SEND RIGHTS!

A vital lifeline for families of excluded children

At the Coram Children’s Legal Centre, we can provide a vital lifeline for families. We offer free legal representation* and guidance via our Hub to families challenging school exclusion. Every child and family we support is more than a statistic to the dedicated volunteer lawyers and barristers who contribute their time and expertise to these cases.

Our work is supported by Mission 44, with whom we share a commitment to tackling exclusions that disproportionately impact vulnerable young people facing disadvantage and discrimination. Until now, reliance on pro bono support has meant only a fraction of the children and families in need can receive support.

However, a groundbreaking decision by the High Court earlier this year, following a judicial review brought by Coram Children’s Legal Centre (CCLC), has now paved the way for families in permanent school exclusions cases to access legal aid, a transformative step for families across the country!

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The legal aid challenge

We challenged the Legal Aid Agency’s refusal to provide legal aid for a mother trying to appeal her son’s permanent exclusion. The family was vulnerable and in receipt of free school meals, yet there was no funding available to get legal representation for the Independent Review Panel (IRP) hearing.

The High Court rejected claims by the Legal Aid Agency’s that these hearings do not engage the European Convention on Human Rights, specifically, the right to a fair hearing when a decision has an impact on civil rights. While the Claimant herself was not ultimately granted aid on the specific facts, this judgment has set acritical precedent and hope for families.

Getting legal aid to challenge a school exclusion

Parents or carers of children who are permanently excluded, who raise grounds of disability or race discrimination, can now apply for Exceptional Case Funding through legal aid. This opens a vital door for legal support where none existed before — and ensures families aren’t left to navigate an intimidating and complex legal process alone.

If your child has been suspended or permanently excluded, please visit our School Exclusion Hub to get advice and guidance on challenging a school exclusion.

I’ll end with the words of the mother whose courage helped set this historic precedent: “I have tears in my eyes. This case has opened doors—this is music to my ears. It has been a long time coming. Thank you to all of you. I feel so fortunate that you took on this case so that children can now have a chance and feel listened to. I’m just thinking about all the families who can now get legal aid. This is just the beginning. I feel so good—we have literally made history!”

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Special Needs Jungle at Special Needs Jungle

Special Needs Jungle was founded in 2008 as a personal SEN blog by Tania Tirraoro. It is now a multi-author, award-winning site covering special needs, disability, mental health and rare conditions in children & young people birth-25 years.

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