Child A was 8 when he was excluded for a fixed period, accused of stealing food from his boarding school kitchen. We asked the school why the boy was so hungry and whether other boys were also taking food on night-time raids.

Child B was bullied at her prep school, where Mum worked part-time and was reluctant to complain, although there were grounds for expelling (excluding) the bullies. We advised on alternatives for the girl’s education and she has now settled in happily at her local state primary school.

Child C was permanently excluded after being accused of sexually assaulting another boy. We advised the accused child’s parents on how best to defend their son and safeguard his ongoing education.

School Exclusion is the same as school expulsion

According to Butterworths' Law of Education (written by Nicholas Hancox), "Section 52 of the Education Act 2002 enables head teachers of maintained schools and teachers in charge of pupil referral units to exclude pupils for a fixed period or permanently. The power to exclude a pupil is clearly exercisable also by an acting head teacher, but there is scope for argument as to when a teacher (or a deputy head) is "an acting head teacher" for these purposes and when he or she is merely deputising for an absent head teacher. If the excluding teacher is 'merely deputising', an exclusion authorised by that person will not be lawful."

Exclusion and expulsion from Independent Schools are governed by entirely different laws, although the principles of Natural Justice apply in both types of establishment. As to Independent Schools, see our web page on Independent Schools.