As one of the few solicitors in the country who specialise in school exclusions, I have witnessed firsthand the profound impact that a permanent school exclusion can have on a child’s mental health, and the trauma it causes families.

At Coram, our School Exclusions Clinic is a lifeline for families, offering free legal representation and advice to the families challenging a school exclusion. This work is supported by Mission 44 – which includes the funding for my position – with whom we share a commitment to tackling exclusions that disproportionately impact vulnerable young people facing disadvantage and discrimination. Until now though, reliance on pro bono support has meant only a fraction of the children and families in need can receive support.

However, a groundbreaking decision by the High Court earlier this year, following a judicial review brought by Coram Children’s Legal Centre (CCLC), has now paved the way for families in permanent school exclusions cases to access legal aid, a transformative step for families across the country. As a result of this landmark case, children will now have the opportunity for legal representation under Exceptional Case Funding from legal aid, when challenging an exclusion before an Independent Review Panel on the grounds of race or disability discrimination.

With this new avenue for funding, it is an exciting time for lawyers to train in this critical area of public law. One of the most powerful moments I’ve had in this role has been telling a child who felt like their dreams were over due to a school exclusion, that Lewis Hamilton was temporarily excluded from school, before being reinstated in his classroom – then seeing the spark of hope return to their eyes.

Supporting families to secure justice in cases that can shape a child’s future is deeply rewarding. The client in this particular High Court case recently shared some fantastic news with me, that her son is now working at a factory that manufactures parts for Formula 1 cars!

To aspiring lawyers, we need you to help ensure schools and governors are making decisions which are lawful, fair, and free from discrimination. Permanent exclusion should only ever be a last resort, and yet time and time again, children are unlawfully excluded, often with discrimination at the root of these decisions.

In my role, I have been lucky to meet talented young people who dream of becoming engineers, lawyers and artists. Yet, once permanently excluded, many are placed in pupil referral units, where evidence shows they face significantly higher risks of mental health struggles, child criminal exploitation, unemployment, and even imprisonment. Despite the risks of injustice, there remains little scrutiny to ensure these vital decisions are lawful, non-discriminatory, and fair.

I will leave the final word to the parent of the child whose High Court case set this precedent. Upon hearing the outcome, she said: “I have tears in my eyes. This case has opened doors – this is music to my ears. It has been a long time coming. Thank you to all of you. I feel so fortunate that you took on this case so that children can now have a chance, and feel listened to. I’m just thinking about all the families who can now get legal aid. This is just the beginning. I feel so good – we have literally made history!”

Sabrina Simpson,
Solicitor, Coram Children’s Legal Centre