CA-2025-002133 - [2025] EWCA Civ 1335

Points to consider upon reconsideration

The panel would encourage the governing body to reflect upon the points raised in Mr Mal's written submissions when it comes to reconsider its decision.

The panel also advises the governing body to set out precisely what, if any, factors it believes to be present under the second limb of the exclusion test in any minutes and any decision letter it writes in the future.

[This refers to the second bullet point in paragraph 11 of the Guidance set out at [6] above, which says permanent exclusion may occur where “allowing the pupil to remain in school would seriously harm the education or welfare of the pupil or others such as staff or pupils in the school.”]

Though the panel did not quash this decision due to the provision of inadequate reasons, we recommend that the school should articulate what danger or concern it felt a student poses at all stages of the exclusion process in order to provide parents with adequate reasons to understand why their child has been excluded. It was occasionally unclear from the documents what level of seriousness the school perceived in the punished behaviour. The panel would urge the school to articulate any risk identified in student behaviour more clearly on future occasions.

Any reconsideration by the governing body must take place within 10 school days of the date of this letter. Should the governing body fail to reconsider the exclusion within 10 days, it is ordered that the London Borough of Enfield makes a downward adjustment of £4,000 to the school's budget share pursuant to Regulation 7(5)(b)(ii) of the School Discipline (Pupil Exclusions and Reviews) (England) Regulations 2012.