A School’s Guide to a Section 29 Appeal of an Expulsion

The Appeals Committee’s recent decision under section 29 of the Education Act 1998 provides useful guidance for schools dealing with expulsions arising from challenging behaviour. Our Education Law team reviews the decision and shares key takeaways for school leaders to consider.

An Appeals Committee, established under Section 29 of the Education Act 1998, handles appeals related to decisions made by schools, particularly regarding admissions, expulsions, and suspensions. The Committee is independent of the Department of Education and comprises three members, including an inspector, and two others with expertise and experience.

The Appeals Committee recently disallowed a section 29 appeal brought by a student expelled from a national school.

Background

The student had autism and a moderate intellectual disability and was a pupil in one of the school’s special classes. He exhibited challenging behaviour, including injuring several staff members on multiple occasions and causing regular evacuations of the classroom. The nature, scale and persistence of this behaviour led to multiple suspensions of the student by the school.

To support the student, the school attempted to engage numerous agencies to assist with his additional needs, including:

• The National Educational Psychological Service
• The National Council for Special Education
• The Health and Safety Executive
• The Children’s Disability network Team
• Local autism support services
• An occupational therapist, and
• The Child and Adult Mental Health Services

Despite the exhaustive efforts to support the student, the school was of the view that the student’s continued presence constituted a significant health and safety risk and he was ultimately expelled.

Appeals Committee ruling

The Appeals Committee considered the appeal having regard to the requirements of section 29 D (4) of the Education Act 1998, as amended.

It noted that the school’s Code of Behaviour gives its Board of Management the authority to expel a student on three grounds. The grounds are summarised as:

1. Significant disruption to the learnings of classmates or teachers
2. Real and significant threat to safety
3. Assault causing serious injury

The Appeals Committee noted that all three conditions were met in this instance, but that any one of them would have provided valid grounds for expulsion.

It acknowledged the efforts made by the school to support the student. It also noted the Acting Principal’s concerns that the student’s behaviour presented a negative effect on the educational interests of his classmates. The Appeals Committee held that ongoing threats to health and safety had warranted the suspension of the student on multiple occasions. It acknowledged the opinion of the Educational Welfare Officer that the student required multi-agency support to address his needs. It also marked as significant the fact that the student had secured a placement in a special school for the upcoming school year. For these reasons, it regarded the expulsion as having been conducted correctly, in accordance with the Code of Behaviour and disallowed the appeal.

Key takeaways for schools

• The Appeals Committee emphasised the importance of a clear Code of Behaviour that provides the requisite authority to expel a student in given circumstances.
• Where genuine efforts have been made to support a student and ensure that their placement in a school is successful, the Appeals Committee will be more likely to find the decision to expel a student as reasonable.
• In this instance, the nature and persistence of the student’s behaviour was significant. This case therefore represents an extreme example of what might be considered challenging.

Conclusion

This case underscores the complex intersection of student welfare and school safety. For schools navigating section 29 appeals, it serves as a vital reminder of the imperative to establish a clear Code of Behaviour, make exhaustive efforts to support the student in question and to honour the duty of care owed to the entire school community.

For specific advice regarding section 29 appeals, contact our Education Law team.

The content of this article is provided for information purposes only and does not constitute legal or other advice.