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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30896
Experience:  Over 5 years in practice
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My son has been excluded from school for the second now and

Customer Question

My son has been excluded from school for the second now and the school and written to me saying that he will now be sent to a youth centre for testing and a decision will be made as to when he can then return to school. I would like to know what my legal options are:
Can I pull him out of the school and revert to home tutoring or can I move him to a new school. He currently lives with him mum but he could come and live with me and go to a new school?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old is your son and why has he been excluded?
Clare
Customer: replied 2 years ago.

Hi

He was originally suspended from school two weeks ago for fighting with another boy and he hit a teacher in the process. He was suspended for three days and then he returned to school after a meeting with all the teachers, where they explained the help the school would provide. a week later he got in to another fight with the same boy and was again suspended but for 5 days. A letter was received yesterday explaining that after the suspension period was over, my boy would be sent to a different school which helps with children who have behavioural problems. I have is read the Ofsted report and the childrens grades and level of learning is really low. Also, he currently lives with my ex partner who has moved around a lot in the past and is quite unsettled themselves. I would like to now have my boy live with me and put him a different school but I am not sure that I am legally allowed to do that now his current school have raised all these concerns.

Expert:  Clare replied 2 years ago.
Hi
How old is the child and will his mother agree to his living with you?
Clare
Customer: replied 2 years ago.

Sorry he is ten years old and yes she does.

Expert:  Clare replied 2 years ago.
Hi
Have you spoken to your local school to see if they would agree to take him?
Clare
Customer: replied 2 years ago.

no not yet I am not sure whether now that the school have put in for a transfer to this special school, whether I can intervene and place him in another school?

Expert:  Clare replied 2 years ago.
Hi
Are you in a different Education Authority?
Clare
Customer: replied 2 years ago.

Yes we are Maidstone and his school is in Lewisham

Expert:  Clare replied 2 years ago.
Hi
There is nothing to stop your son moving to live with you and starting a new school in your area
You will need to discuss the matter with the school but given the fact that there will be such a major change in his circumstances means that there is a very good chance that the school will also give him a chance
I hope that this is of assistance - please ask if you need further details
Clare

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