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Ben Jones
Ben Jones, UK Lawyer
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can my son be excluded (and possibly expelled) from his his

Resolved Question:

can my son be excluded (and possibly expelled) from his his school just because he has long hair that is now beyond collar length which goes against school policy. He is willing and able to wear his hair in a pony tail and has done this but school are still saying he has to cut his hair or he will be excluded
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Is there a specific policy that deals with this and which described the consequences of failing to adhere to it?

JACUSTOMER-Customer- :

The school "rules" state that boys hair has to above the collar but my son has decided to grow his long his head of house and a deputy head teacher have said to him that he needs to get it cut within 3 days or he will be excluded. no members of staff have spoken to me directly and i actually work at the school

Ben Jones :

ok thanks let me get my response ready please

JACUSTOMER-Customer- :

ok,thank you

Ben Jones :

As far as the law currently stands, the way schools mandate their uniform requirements and deal with any breaches, is largely left in their hands and they have the final authority on what they can do. There is some guidance, for example from the Department for Education, but that is not legally binding and is just non-statutory guidance:


 


dera.ioe.ac.uk/7044/4/uniform%20guidance%20-%20final2.doc


 


It does state that schools have the right to dictate their own uniform policies, as long as they are not discriminating against certain groups (for example certain religious/race groups which can be affected by a specific uniform policy). However, the length of hair is not a discriminatory ground and if necessary the school can introduce a policy where it requires a certain length of hair, or no extreme hair styles, no dyed hair and so on and breaches of their rules could result in disciplinary action against the pupil.


 


The guidance does however state that the DfE does not consider “exclusion to be an appropriate response to breaches of school uniform/appearance policy, except where they are persistent and defiant. Where a pupil repeatedly refuses to comply with school uniform policy even if they do not otherwise display poor behaviour, we believe that exclusion could be an appropriate response, depending on the circumstances of the case.”


 


So the school should not be going down the exclusion route straight away, although it can be a possibility if he has been warned/disciplined a number of times on this and he continues to refuse to adhere to their policy.

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Customer:

Thank for the reply,the info you have given me has been very helpful

Ben Jones :

You are most welcome, all the best

Ben Jones, UK Lawyer
Category: Law
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Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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