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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 81700
Experience:  Over 15 years in practice
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I need some advice on educational appeals please, Yarm,

Customer Question

I need some advice on educational appeals please
JA: Where are you? It matters because laws vary by location.
Customer: Yarm, England
JA: What steps have you taken so far?
Customer: My son was permanently excluded, I have had an appeal hearing and it was upheld by governors but I want appeal again as I believe the school have not done everything possible for my son and they are using an exclusion code I disagree with
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: That's the gist of what's happened so far, there are more details I could go into or I can just explain to the lawyer
Submitted: 8 days ago.
Category: Law
Expert:  Jo C. replied 8 days ago.
Thank you for the question. It is my pleasure to assist you with this today. I am a barrister with over 15 years experience.
Expert:  Jo C. replied 8 days ago.

What  can I do for you?

Customer: replied 8 days ago.
My son has been excluded, the reason for this are low level constant disruption and then there was an incident where someone sent my son a picture of a girl with no clothes on, he sent it someone else and the school found out, this happened and then my son and a group of his friends where messing about unlocking toilet doors on each other, only his friend told him it was a friend in the toilet and it wasn't. They have used those incidents and put a code of sm sexual misconduct for reason for perment exclusion. The school at first said they didn't want to use that code as it didn't represent the situation properly but have used it anyway. I have had an appeal hearing and the permanent exclusion has been upheld and the code too. I don't know what my options are to try get atleast the code of sexual misconduct took off. My son is being tutored for 2hrs a day due to the Pru school being full. This isn't enough schooling and his tutor stated she sees low lever adhd signs. This was brought up in the appeal hearing but the school simply said they had noticed signs and a conversation between two teachers had took place but that was it
Expert:  Jo C. replied 8 days ago.

Are you asking how to  appeal?

Customer: replied 8 days ago.
No I understand how to appeal, I just need some advice on if there is any way of getting that code took off and the permanent exclusion being over turned. I don't think this should have happened. He is not a bad boy and if they have missed signs if adhd then surely they can't exclude him for low level disruption if its not something he can control?
Expert:  Jo C. replied 8 days ago.

Thank you for the question. It is my pleasure to assist you with this today.

Please bear with me as I will be online and off-line from time to time and therefore, may be delayed getting back to you.

Sometimes I will get back to you very quickly, other times it's going to be longer and possibly hours or overnight

Please bear in mind that it takes me time to type answers and I also have clients and sometimes have to attend court so I may not get back to you immediately.

There is always a chance if you appeal.

Quite frankly though, if he has been sending inappropriate photographs, the school are likely to take fairly draconian steps and the appeal board is unlikely to intervene. That would justify an exclusion in normal circumstances. Just like work; it’s a sacking offence.

If he adopts a very contrite approach, the appeal board might be with him. I wouldn’t suggest they were not entitled to exclude on this basis as that suggests he has not taken responsibility.

Can I clarify anything for you?

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Jo

Customer: replied 8 days ago.
even if he was the only person to have that used as a reason to exclude him? There have been a few other incidents of that nature within the school and none else has been excluded. He didn't ask for the picture or ask anything about it, someone simply sent him it and some one else asked him to send it to them. He understands what he has done is wrong and the police came and spoke to him and that was it. He is only 13 and the officer said this problem is rife at schools at the moment. The school know of other students involved and noone else has been excluded over it or had their records marked with Sexual Misconduct. I'm worried it will affect him getting in to another school
Expert:  Jo C. replied 8 days ago.

You could try to argue there are other precedents but it  depends how historical they were.  If it was t he  day before that  might be an argument. If it  were even 6  months earlier, the school could legitimately argue policy has changed.

Expert:  Jo C. replied 7 days ago.

It was my pleasure to assist you. Please come back if anything else crops up and needs clarification.

Thank you for trusting Just Answer, and of course me, with your legal problem.