When Can Schools Lawfully Send Children Home from School?
Through the use of practical case studies, this article explains the law after the recent decisions in the House of Lords of Shabina Begum v Denbigh High School [2006] and Ali v Lord Grey School [2006]
My daughter recently had her lip, nose and eyebrow pierced. The school has sent her home on the basis these items breach school uniform rules, is this allowed?
Government guidance states schools should not exclude pupils for breaching the school’s uniform policies. Instead schools should implement other strategies for disciplining a child such as giving a detention. However, schools should also consider issues of health and safety. If your daughter’s piercings present a health and safety risk particularly in lessons such as P.E. then the school may be justified in taking some disciplinary action.
Following the House of Lords decision in March 2006 concerning Shabina Begum the Muslim school girl who wanted to wear religious dress instead of the school’s uniform, it is unlikely that a school would be criticised by a court for sending a pupil home for breaching the school’s uniform policy. This latest decision makes it clear that judges believe schools should have a wide discretion when implementing their school uniform policies.
We are a Jewish family. Our son attends a main stream school in Ipswich, I have written to the Head Teacher requesting my son be withdrawn from lessons on Friday afternoons. The Head Teacher has indicated that this is not possible. Is this a violation of his human rights?
Prior to the recent House of Lords decision in Begum I would have advised you ‘yes’, if it could be shown your request was as a result of your family’s genuinely held devout religious beliefs. However, the judges in the Begum case made it clear that in cases against schools, courts will be very reluctant to find there has been a breach of human rights relating to a child’s religion. This is because parents have a choice of where to send their children to school. If you don’t like the decision of this school, you can always send your child to another school that will allow some flexibility for religious practice.
My child has ADHD and is prescribed Ritalin. At times his behaviour can be very difficult to manage. The schools response is to send him home. This has meant that I have had to give up a full time job. Is the school acting lawfully?
I don’t believe the school is acting lawfully. The indications are that this is not a school that is appropriate to meet your child’s needs. It is important that you contact the local authority to advise them of your concerns about the high level of absences. If your child does not have a statement of special educational needs you should write to the authority and ask for a ‘statutory assessment’. If your child has a statement already, I would suggest you seek advice from your son’s school or the local authority to find out whether a different school might be more appropriate to meet his special educational needs.
There are many circumstances that arise when pupils of all ages are sent home from school without being formally excluded. If you believe your child has been sent home unlawfully, contact FJG’s education law expert Yvonne Spencer on 01206 835242.