SPOTLIGHT

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.

“Alarming” increase in permanent school exclusions must be urgently addressed: Coram Children’s Legal Centre

New statistics published by the Department for Education (DfE) have revealed a 44% rise in the number of permanent exclusions from state schools in England in 2022/23 compared to the previous academic year.

Over the course of the year, there were 9,376 permanent exclusions in England, up from 6,495 in 2021/22. There were 786,961 suspensions, up from 578,280 in 2021/22.

The data revealed that 50% of all permanently excluded pupils had Special Educational Needs (SEN), with 15% of those having an Education, Health and Care Plan.

Responding to the figures, Coram Children’s Legal Centre (CCLC) called for a “full review” into disproportionality, special educational needs and disability, and the link with non-attendance.

Looking at how exclusion and suspension rates vary by ethnicity, the DfE data revealed that Gypsy/Roma pupils and Traveller of Irish Heritage pupils continue to have the highest rates of suspensions and permanent exclusions, followed by White and Black Caribbean pupils.

Sabrina Simpson, CCLC senior solicitor, said: “Families frequently report concerns that race and disability discrimination were the reasons for exclusion. Almost 900 children who are black were permanently excluded and over 67,000 children who are black were suspended. What we see is that children who are excluded often have additional needs that have not been identified or met. When a child is going through an exclusion process, families do not get the advice and support they need to navigate the process.”

Carol Homden, Coram chief executive, said: “We must act urgently to address this alarming increase in children cut off from their education. […] Unless this worrying trend is reversed through early support for children and appropriate resourcing for schools and other services, we risk creating a lost generation who have fallen out of the education system that was meant to serve them.”

Lottie Winson