High Court ruling paves way for racialised communities and disabled people to access to legal aid to challenge school exclusions
Families of children from racialised backgrounds, or who have mental health problems, who are excluded from school due to alleged discrimination now have a clear path to accessing legal aid to challenge the decision.
Mind, the mental health charity, intervened in a case brought by the family of a young man after the Legal Aid Agency refused to grant legal aid for their hearing at the Independent Review Panel – the body that review decisions to uphold school exclusions. Refusing legal aid in this situation risks a significant power imbalance between parents, who are often forced to represent themselves, and schools, which are often represented by solicitors and barristers.
While intervening in this case, Mind filed legal submissions to highlight the impact of school exclusions for children. Once excluded from school, many children are sent to Pupil Referral Units, where a child’s education prospects are diminished. Children outside mainstream education are also at increased risk of child criminal exploitation, criminal prosecution, detention in youth offending institutions, homelessness, and unemployment as they enter adulthood.
Children from Black Caribbean and other ethnic backgrounds, Gypsy, Roma and Traveller children, children with special educational needs and disabilities, and children in poverty, are all disproportionately excluded from school.
Alice Livermore, Head of Legal at Mind, said:
“We are absolutely thrilled by the outcome of this case. It is a big step towards a fairer system for parents of children who have been excluded.
“Since 2021’s Not Making the Grade report we have been calling for a fairer way to challenge school exclusions, and so it is particularly pleasing that we are making headway on this issue.”
