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Did the exclusion result from direct discrimination?

Did the exclusion result from direct discrimination?

Introduction

Direct discrimination describes a situation where a young person is subjected to less favourable treatment as a result of a protected characteristic.

Consider the school's pack, the exclusion letter, and any evidence you have obtained from the school. Watch for any evidence that shows school staff expressing an interest in getting the young person off the register because of a protected characteristic. In addition, look for any evidence that the young person's exclusion is a harsher punishment than other people have received at the school in similar circumstances. If this arose from a protected characteristic, it would likely constitute direct discrimination.

At its simplest, direct discrimination is intended discrimination, as opposed to indirect discrimination, which is often unintended discrimination.

Next step?

Answer the question: did the young person's protected characteristic encourage the headteacher to exclude them?

If the answer is yes, consider using the Suggested Wording document: Argument to the Governors - Pupil is a victim of direct discrimination

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

 

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This information is correct at the time of writing, 18th November 2024. 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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