If the governors reconsider the exclusion and uphold it anyway, there is no further support that can be provided outside a claim for judicial review A type of court case in which a judge is asked to review the decision of a public body An organisation that performs a public function with public funds. Includes schools (includes academies and free-schools, but not independent or private schools), CAMHS, the local authority and the police. and correct errors in decision making. in the High Court A Court that hears cases of judicial review A type of court case in which a judge is asked to review the decision of a public body An organisation that performs a public function with public funds. Includes schools (includes academies and free-schools, but not independent or private schools), CAMHS, the local authority and the police. and correct errors in decision making. . It has a range of powers to order a public body An organisation that performs a public function with public funds. Includes schools (includes academies and free-schools, but not independent or private schools), CAMHS, the local authority and the police. , such as a school or independent review panel, to rectify an error in their decision making. , or a discrimination claim in the First Tier Tribunal A judicial body that will hear appeals against exclusions if the family believe the young person has been the victim of discrimination on the basis of disability. or County Court.
The family should be provided with information about what the governor’s decision means for them, and information about how to seek an opinion from a specialist lawyer about bringing a legal claim if one is appropriate.
Strict time limits apply in any kind of legal claim, but particularly in claims for judicial review A type of court case in which a judge is asked to review the decision of a public body An organisation that performs a public function with public funds. Includes schools (includes academies and free-schools, but not independent or private schools), CAMHS, the local authority and the police. and correct errors in decision making. in which any delay to bringing a claim in Court might result in the family being disallowed to bring one at all. Families should therefore be encouraged to seek advice without delay if they are interested in further challenge to the exclusion.
- To contact the family to provide them with this information, consider using the Suggested Wording: Providing Information to the Family After Unsuccessful Reconsideration.
To help them find an advisor, the following services are some among a range that undertake relevant legal work. The family should check that the service is right for them before engaging their services.
- Simpson Millar Solicitors on: 0800 260 5010
- Irwin Mitchell Solicitors on: 0808 163 6143
- Coram Children’s Legal Centre on: 020 7713 0089
- Just for Kids Law on: 0203 174 2279
Alternatively, families can use the Law Society’s Find a Solicitor service to find an advisor near them.
Once you have communicated the result to the family, and you are confident they understand what their options are going forward, click finish to complete this guide.
