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Was the governing board’s decision unlawful because it breached the principles of administrative law?

Was the governing board’s decision unlawful because it breached the principles of administrative law?

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.

 

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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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