*R (on the application of S) v Brent London Borough Council and another R (on the application of T) v Head teacher of Wembley High School and others / R (on the application of P) v Oxfordshire County Council exclusion appeals panel

Case date: 17 May 2002

Three appeals by parents against refusal of their applications for judicial review of their children’s permanent exclusion from school.

These were three appeals which all related to permanent exclusion of pupils from school. In each case the governing body of the school decided not to reinstate the pupil at the school and an appeal to the appeal panel failed.

All three sets of parents applied for judicial review of the appeal panel’s decision, and all their applications were dismissed. The parents appealed.

In each appeal, one of the legal issues was whether the appeal panel had acted as if it was restricted by paragraphs 17 and 18 of Circular 10/99, which was some guidance given by the Secretary of State.

Appeal panels were set up under section 67 of the School Standards and Framework Act 1998. Section 68 of the Act required head teachers, governing bodies, local education authorities and appeal panels to pay attention to any guidance issued by the Secretary of State.

Relevant law

Paragraph 17 of the Circular says: ‘Where a head teacher has excluded a pupil in accordance with clearly stated provisions in the school’s published discipline policy, for example zero tolerance of drug dealing, then the appeal panel should not normally direct re-instatement.’

Paragraph 18 says: ‘The school is responsible for promoting good behaviour and discipline on the part of its pupils and for securing an orderly and safe learning environment for its pupils and staff.  In deciding whether to direct re-instatement, therefore, the panel must consider the impact that it may have on other members of the school.’ 

Paragraph 18 continues: ‘The Secretary of State would normally regard it as inappropriate to re-instate a pupil who has been permanently excluded in circumstances involving any of the following:-

• serious actual or threatened violence against another pupil or member of staff;
• or sexual abuse;
• or presenting a significant risk to the health and safety of other pupils by selling illegal drugs;
• or persistent and malicious disruptive behaviour, including open defiance or refusal to conform with agreed school policies on, for example, discipline or dress code.’