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• 01 Nov 2024

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  Other than in the most exceptional circumstances, schools should avoid permanently excluding learners with an IDP. 

  In practical terms, that means trying every means to maintain the child or young person in the school, seeking local authority and other professional advice and support through an IDP. 

  It could also mean the school should liaise with their local authority about initiating a formal review of the learner’s IDP. 

  The school should continue to try and seek support that could be made available in the time between the initial decision to exclude and the meeting of the discipline committee. 

  The school should also liaise with the local authority to see whether the IDP can be changed to name a new school. If either of these options is possible, the headteacher should normally withdraw the exclusion.

  Per ‘Exclusion from schools and pupil referral units’ (document number 294/2024) paragraphs 1.16.3 - 1.16.6.

  Further, the Equality Act 2010 prohibits schools from excluding learners because of their protected characteristic (learners with ALN may be considered to have a disability under the Equality Act 2010) or discriminating unlawfully during the admissions process.

  Schools are also required to demonstrate that the decision to exclude a learner with a recognised condition that is more likely to result in a tendency to physical abuse was a proportionate means of achieving a legitimate aim: C & C v. Governing Body of a School and others [2018] UKUT 269 AAC

  

  Nodi No-nonsense Guide Wales
  Authors: Civitas Law education team

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