In-Year Transfer for Permanently Excluded Child

Mother whose son had been excluded from secondary education
Legal Team
  • Louise O'Driscoll
Contract Type
Private Client
Legal Service

The client came to us after her son had been out of secondary education for a number of months. He had been turned down by his local school due to concerns about his behaviour and another child on roll with the school he was applying to. He had initially been home schooled following his permanent exclusion, but his mum was desperate to get him back into a mainstream setting.

Louise O’Driscoll, our Education Solicitor set about speaking to the Senior Admissions & Fair Access Officer to get him into a pupil referral unit and secured him a place almost immediately. She liaised with the unit to secure transport for the child on a daily basis. Louise monitored his progress whilst in this setting and secured glowing reports which were then used as part of the appeal to persuade the Panel that he had changed and was able to demonstrate his commitment to his education in a testing environment.

The child went from having below average attendance to 100% attendance and engaging well. Louise took a statement of reflection from the child to help explain the difficulties he had overcome since moving to the UK, notably the death of his father. On the day of the appeal, Louise was able to challenge the Head Teacher on the evidence that the school relied upon to demonstrate why the school would be caused prejudice in accepting this child. When presented with all the information, the Panel found that prejudice for the school had not been made out and a place should be offered to the child immediately.

After the successful resolution of the case, the client said, “We were attended by Louise O’Driscoll, she was amazing. She made it possible to win the case, her work was excellent. The most important was her perfect communication, she answered any time and never got tired by explaining every question. Highly recommend Mrs. O’Driscoll.”

Louise O’Driscoll reflected, “This was a case with many aspects to it. It was important to gather evidence from a number of sources to ensure that the Panel could see the marked change in the child. It is not all about what happens on the day of the appeal but the work that goes into preparing the case. It was a great outcome.”

About the appeals process

The appeal process is in place to afford parents the right to challenge decisions made by schools and/or local authorities. Whilst it presents as an informal platform to argue a child’s case, it is a process which is bound by statute and regulatory consideration. Parents are not always well versed in how to navigate the system and present the right information to the Panel.

Parents can become frustrated with the system and not getting the answers they are searching for. The process of an in-year transfer can be complex and difficult to comprehend especially when English is not the parents’ first language. We are passionate about bringing an equality to the process and supporting families who are overwhelmed. We can identify the right individuals to speak to in order to understand what is happening and can relay this to parents in straightforward and clear terms. We go the extra mile to ensure that we present the strongest case to the Panel and can provide the Panel with the answers to the questions which allows them to make the right determination.

Find out more about how Richard Nelson LLP can help with school exclusions.

Arrange a call today

Are you an individual or business looking for legal advice and representation?

Speak to a lawyer
  • Award-winning service
  • Authorised and regulated by the Solicitors Regulation Authority
  • Benchmark for quality