Introduction
Paragraph 2 of the exclusions guidance states the following:
Any decision of a headteacher, including suspension or permanent exclusion, must be made in line with the principles of administrative law, i.e. that it is: lawful (with respect to the legislation relating directly to suspensions and permanent exclusions and a school’s wider legal duties); reasonable; fair; and proportionate.
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 agree that the exclusion does not meet the standards required by the principles of public or administrative law.
Then answer the question: Did the governing board agree that the exclusion was unlawful, unreasonable, unfair, or disproportionate.
If the answer is yes, consider using the Suggested Wording document: Argument to the IRP: Governing board's decision unlawful (administrative law)
Once you have answered this question, click continue to proceed to the next step.
