The High Court has quashed the permanent exclusion of a disabled child, delivering an important judgment that clarifies the legal obligations on schools when excluding children with special educational needs and disabilities (SEND).

In a judgment handed down on 5 August 2026, the Court ruled in favour of "Henry", a primary school pupil with complex SEND, finding that the decision to permanently exclude him was unlawful and providing significant guidance on how schools, governors and independent review panels should approach exclusion decisions. The case is one of very few permanent exclusions to reach a final hearing in a judicial review and establishes important case law.

The case arose after Henry brought a replica butterfly knife to school in July 2025 and handed it to another child during an altercation. Following the incident, the school's Principal permanently excluded him. That decision was upheld by the Governors' Discipline Panel (GDP) and, by a majority, by an Independent Review Panel (IRP).

The High Court has now quashed the exclusion, holding that the Governors' Discipline Panel failed to carry out the careful and proportionate assessment required by law before deciding that permanent exclusion was justified.

In its judgment, the Court reaffirmed that permanent exclusion is not a punishment but a measure of last resort, intended only to protect pupils or the wider school community from serious harm where no lesser alternative would be sufficient.

The Court held that decision-makers must properly assess:

• the likely impact of permanent exclusion on the child;

• the nature and likelihood of any harm if the child remained at the school; and

• whether less severe alternatives, such as fixed-term suspension or off-site provision, could adequately address any risks.

The judgment also stresses the importance of schools providing clear and contemporaneous reasons for exclusion decisions, particularly where disabled children are affected, and provides important guidance on the role of Independent Review Panels.

In addition, the Court expressed concern about the handling of CCTV evidence relied upon during the exclusion process and suggested that schools should consider techniques such as blurring the faces of other pupils where appropriate, rather than withholding relevant footage entirely.

The judgment concludes by suggesting that the Department for Education may wish to review and update its statutory guidance on suspensions and permanent exclusions to provide greater clarity for schools and governing bodies.

Angelo Monni, Solicitor at Duncan Lewis Solicitors, said:

"This is an important judgment for children with SEND, their families and schools across England. The High Court has made clear that permanent exclusion is a measure of last resort and cannot be justified without a careful, evidence-based and proportionate assessment of both the risks involved and the devastating impact exclusion can have on a child.

"For children with disabilities and additional needs, exclusion can have lifelong consequences. This judgment reinforces that schools must demonstrate they have genuinely considered all reasonable alternatives before removing a child permanently from education.

"We hope this decision will help improve decision-making across the education sector, ensuring that vulnerable children receive fair treatment and that exclusion decisions are transparent, proportionate and properly reasoned."

Henry was represented by Duncan Lewis Solicitors' Public Law team. Angelo Monni was assisted by Nadia Roberts and Freya Wainstein. Counsel for the successful claimant were Ollie Persey and Rosa Thomas of Garden Court Chambers' Education Law Team.

About Duncan Lewis Solicitors

Duncan Lewis is one of the UK’s leading legal aid providers [https://www.duncanlewis.co.uk/LegalAid.html], which is multi award-winning and renowned for its exceptional legal services and commitment to justice. The company employs a team of highly skilled solicitors offering top-tier representation in 25 fields of law, and ranked as top tier by the Chambers and the Legal 500 legal guides, and as one of the top 250 law firms in the country by the Times. Duncan Lewis was crowned Law Firm of the Year at the Modern Law Awards 2023, further establishing its credentials as one of the leading law firms in the UK.

The firm’s Immigration and Public Law team is particularly renowned for handling complex and high profile cases involving human rights and asylum seekers. With landmark successes in cases such as Brook House, the Rwanda Challenge, and Manston House, Duncan Lewis continues to provide unparalleled legal representation, ensuring justice for the most vulnerable.

Note for editors:

The is now aged 11, but was 10 at the time of the incident.

Further Information

Contact Heading of Media and Marketing Steve Still by email on steves@duncanlewis.com or by telephone on 07305 357329 for further information.

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