Was the governing board’s decision unlawful because the exclusion was discriminatory

Was the governing board’s decision unlawful because the exclusion was discriminatory


Schools are bound by the Equality Act 2010. The exclusions guidance states on page 10 that schools must not discriminate against, harass, or victimise pupils because of their: sex; race; disability; religion or belief; sexual orientation; pregnancy or maternity; or gender reassignment. For disabled children, this includes a duty to make reasonable adjustments to any provision, criterion, or practice that puts them at a substantial disadvantage and the provision of auxiliary aids and services. Discrimination includes direct discrimination, indirect discrimination, failure to make reasonable adjustments, the public sector equality duty, and victimisation.

Next step? 

Consider the letter confirming the exclusion, the minutes, and any other record of the governing board's deliberations. See if there is any suggestion in these documents that the governing board agrees that there has been discrimination against the young person.

Then answer the question: Did the governing board agree that the exclusion was discriminatory but uphold it anyway?

If the answer is yes, consider the Suggested Wording document: Argument to the IRP: Governing board's decision unlawful (discrimination)

Once you have answered this question, click continue to proceed to the next step.



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This information is correct at the time of writing, 5th September 2023. The law in this area is subject to change.

Coram Children’s Legal Centre cannot be held responsible if changes to the law outdate this publication. Individuals may print or photocopy information in CCLC publications for their personal use.

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