England and Wales Case Law

PZP, R (on the application of) v HS Academy Trust & Anor

Both claims fail because the IRP made PZP's family aware of their right to adjourn for SEN expert, and the family voluntarily, knowingly waived it; IRP's recommendation for GDP reconsideration, though lacking explanation, was not materially irrational given subsequent GDP reconsideration; STW's claim fails as no evidence established X's involvement in prior incident, IRP's error on protected characteristic was immaterial, and equalities duties were substantively considered throughout the process.

Source excerpt

• Permanent exclusion
• Special educational needs
• Procedural fairness
• Public sector equality duty
• Racial discrimination
• Judicial review standards

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The Governing Body of a School v M

The Upper Tribunal dismissed a school governing body’s appeal about late admission of a disability discrimination claim concerning a permanent exclusion.

• Disability discrimination in schools
• Tribunal procedure
• Time limits for claims
• Permanent exclusion
• Special educational needs
• Disability-discrimination

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PZP, R (On the Application Of) v HS Academy Trust

PZP, R (On the Application Of) v HS Academy Trust [2026] EWHC 489 (Admin) (05 March 2026)

High Court judicial review over two permanent exclusions. The court held the SEN-expert adjournment right was waived in one claim, but found part of the IRP’s reasoning irrational.

• Permanent exclusion
• Special educational needs (sen)
• Procedural fairness
• Judicial review
• Public sector equality duty (psed)
• Disability discrimination

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CM, R (on the application of) v The Independent Review Panel of PQR Academy Trust

There was no credible suspicion or evidence that the claimant was at real and immediate risk of trafficking or exploitation within the meaning of Article 4 ECHR at the time of the IRP's decision. Therefore, no Article 4 protective obligation arose, and the IRP did not misapply the law by failing to consider Article 4 ECHR. The IRP's decision to uphold the permanent exclusion was lawful and consistent with statutory guidance.

Source excerpt

• Permanent exclusion
• Judicial review
• Article 4 echr
• Modern slavery act 2015
• Disability discrimination
• Public sector equality duty

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SAG, R (On the Application Of) v Governing Body of Winchmore School

SAG, R (On the Application Of) v Governing Body of Winchmore School [2025] EWCA Civ 1335 (21 October 2025)

Court of Appeal upheld a permanent school exclusion after finding the governors lawfully reconsidered the case and gave adequate reasons under the statutory test.

• Permanent exclusion
• School discipline
• Procedural fairness
• Rationality review
• Proportionality
• Natural justice

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CM, R (On the Application Of) v Independent Review Panel of PQR Academy Trust

CM, R (On the Application Of) v Independent Review Panel of PQR Academy Trust [2025] EWHC 1414 (Admin) (09 June 2025)

Judicial review of a permanent school exclusion. The court held Article 4 ECHR was not engaged on the facts, so the IRP made no material legal error.

• Permanent exclusion
• Article 4 echr
• Modern slavery act 2015
• Judicial review
• Child protection
• Disability discrimination

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TZA, R (on the application of) v A Secondary School

The Governing Body’s reconsideration decision was lawful because it itself had due regard to the PSED, adequately considered the relevant protected characteristics, and provided sufficient reasons for its decision. Any procedural or reasoning errors by the Headteacher were cured by the Governing Body’s own lawful and reasoned decision-making process.

Source excerpt

• Judicial review
• School exclusion
• Public sector equality duty (psed)
• Special educational needs (sen)
• Permanent exclusion
• Reasoned decision-making

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RWU (by his litigation friend LTA), R (on the application of) v The Governing Body of A Academy

The Court of Appeal refused permission to appeal in a school exclusion judicial review, holding that Article 4 ECHR was not triggered on the facts.

• Permanent exclusion
• Child criminal exploitation
• Article 4 echr
• Judicial review
• School discipline
• Safeguarding

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RWU, R (on the application of) v The Governing Body of A Academy

RWU, R (on the application of) v The Governing Body of A Academy [2025] EWCA Civ 147 (19 February 2025)

The Court of Appeal refused permission to appeal in a school exclusion judicial review, holding that Article 4 ECHR was not triggered on the facts.

• Permanent exclusion
• Child criminal exploitation
• Article 4 echr
• Judicial review
• Safeguarding
• Modern slavery

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RWU, R (On the Application Of) v Governing Body of A Academy

RWU, R (On the Application Of) v Governing Body of A Academy [2024] EWHC 2828 (Admin) (08 November 2024)

Judicial review of a permanent school exclusion. The High Court considered safeguarding, child criminal exploitation, and whether the governing body properly reconsidered reinstatement after an IRP quashed its first decision.

• Permanent exclusion
• Child criminal exploitation
• Safeguarding
• Judicial review
• School discipline
• Policy guidance adherence

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