Government allows legal aid for parents fighting school exclusions after High Court challenge

'School Exclusions disproportionately affect the most vulnerable learners - including students from  Black Caribbean and Gypsy, Roma, Traveller ethnic backgrounds, those with special educational needs, and young people in contact with social services'

Campaigners are celebrating after a “vital” High Court decision confirmed that legal aid could be given on human rights and discrimination grounds to families who are fighting the exclusion of their children from school.

The decision came after a claimant, supported by Coram Children’s Legal Centre, had challenged the Legal Aid Agency’s refusal to grant legal aid for her excluded son’s Independent Review Panel (IRP) hearing.

“Many families are often left seeking to challenge permanent exclusion decisions without any legal advice or support,” said Mital Raithatha, Head of Education Law at Coram.

“This case has been vital in highlighting the importance of families having access to publicly funded legal advice for children who are structurally and often disadvantaged by reason of their race, disability and/or social class in schools and when permanently excluded from school,” added Raithatha.

In response to the High Court challenge the Lord Chancellor has amended her policy to remove a categorical ban on legal aid being granted and to provide for exceptional case funding in cases concerning a disproportionate interference with the right to education under the European Convention on Human Rights.

“No one wins when a child is excluded from school,” said Sabrina Simpson, the instructing solicitor at Coram.

“Today’s decision by Mr Justice Lavender has provided a clear path to assisting children and families accessing justice when challenging a permanent school exclusion by receiving legal aid funding, which is a vital safety net to ensuring a fair education for all and an end to systemic discrimination in education,” added Simpson.

The data that school exclusions are often driven by discrimination remain stark, says Mission 44 – a charity that campaigns to end discrimination in schools.

According to Mission 44, it is the most vulnerable learners including students from some ethnic backgrounds such as Black Caribbean and Gypsy, Roma, Traveller, those with special educational needs, and young people in contact with social services who are most likely to face exclusion.

The Traveller Movement - who are launching their new report Fought not Taught about the exclusion of Gypsy, Roma and Traveller children from school in Parliament on the 11th March -welcomed the news.

"We at the Traveller Movement have been highlighting the disparities in accessing legal advice and support for families fighting exclusions for many years,” said a Traveller Movement spokesperson. 

“Children from our communities already face so many overlapping disadvantages when facing a permanent exclusion, the odds are so often stacked against them as they attempt to fight the discrimination they face,” they added. 

“This is a welcome decision which will hopefully be a real step to ending discrimination in education.”

If your children have been affected by a school exclusion, Coram Children’s Legal Centre may be able to provide help. Visit: Referrals to the School Exclusion Clinic - schoolexclusionshub.org.uk

TT News

(Stock photo by Taylor Flowe on Unsplash)