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A zero sum game?

The number of SEND tribunal cases is rising and the proportion of appeals ‘lost’ by local authorities is at a record high. Lottie Winson talks to education lawyers to understand the reasons why, and sets out the results of Local Government Lawyer’s exclusive survey.

MPs call for ‘Bill of Rights’ for pupils and parents over exclusions

MPs have called for a series of measures which can act as a 'Bill of Rights' for pupils and their parents to help combat the existing lack of information and rights around exclusions.

In a report, Forgotten children: alternative provision and the scandal of ever increasing exclusions, the Education Committee said this lack of information and rights acted as “an obstacle to social justice and the educational ladder of opportunity”.

Expressing concerns about the over-exclusion of pupils, the MPs found that:

  • There was a "lack of moral accountability" on the part of many schools with no incentive to, or deterrent to not, retain pupils who could be classed as difficult or challenging.
  • There had been 'alarming' increase in 'hidden exclusions' where children were internally isolated, or informally excluded.
  • It was “surprising” that the increase in the participation age to 18 was not accompanied by statutory duties to provide post-16 alternative provision. The committee said the Government should allocate resources to ensure that local authorities and providers can provide post-16 support to pupils, either in the form of outreach and support to colleges or by providing their own post-16 alternative provision.

Robert Halfon, Chair of the Education Committee, said: "Today, we face the scandal of ever-increasing numbers of children being excluded and being left abandoned to a forgotten part of our education system which too often fails to deliver good outcomes for these young people.

“As a Committee we are dedicated to social justice, to helping young people climb the ladder of opportunity. The young people who are excluded are the forgotten children. Many already face a host of challenges, with children in care, children in need, children with SEND, and children in poverty, being far more likely to end up in alternative provision (AP). They deserve the best possible support but often they don’t get the education that they need to thrive.”

Halfon added: “Parents and pupils face a system which isn’t designed for their needs, too often being left to a Wild West of exclusions with too many pupils in AP who shouldn’t be there, and those who are there not receiving the right support or the early intervention needed to make a difference to their lives.

“We need a Bill of Rights for parents and pupils who access alternative provision and they deserve someone in their corner to be their champion during the often-difficult process of trying to get the best possible support. We need much better provision, with teachers being encouraged to work in AP, and we need to strip away some of the stigma by renaming PRUs and genuinely seeing them as places for education, learning and support.”