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Did the exclusion result from indirect discrimination?

Did the exclusion result from indirect discrimination?

Introduction

Indirect discrimination describes a situation where a policy or practice is applied equally to students who share a protected characteristic and those who don't, and as a result, the students with a certain protected characteristic are disadvantaged.

Consider the school's pack, the exclusion letter, and any evidence you have obtained from the school. Watch for any evidence that identifies a policy or practice of the school that has made the young person more vulnerable to exclusion or caused their exclusion as a result of a protected characteristic.

Next step? 

Answer the questions: did the young person's protected characteristic place them at risk of exclusion, or cause their exclusion, because of a policy or practice of the school's which was applied to them?

If the answer is yes, consider using the Suggested Wording document: Argument to the governing board: Pupil is a victim of indirect discrimination

 

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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.

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