In this episode, Claire is joined by specialist education, equality, and public law barrister Alice de Coverley to tackle a difficult but crucial topic: school exclusions for children with ADHD and your legal rights. Alice is also a trustee for the charity Neurodiversity in Law and was named the Legal 500 ESG 2024 Disability & Neurodiversity Bar Champion of the Year. She co-authored the book A Practical Guide to the Law of School Exclusions.
Alice and Claire's discussion provides invaluable advice for parents, covering:
⚖️ The legal definition of a school exclusion, plus the difference between fixed-term and permanent exclusions
⚖️ How state schools and private schools are governed by different legal frameworks when it comes to exclusion. The Equality Act applies in both cases - often a key piece of law in exclusion cases involving children with disabilities.
⚖️ Why children with special educational needs or disabilities, particularly ADHD, are more likely to be at risk of exclusion, plus insight into how ADHD symptoms such as impulsivity, hyperactivity, emotional dysregulation, and distractibility can often be viewed solely as "behavioural problems" by schools.
⚖️ How school exclusions, especially at a young age, lead to a profound feeling of rejection from adults and can be incredibly damaging to a child's self-esteem and mental health in the long term.
⚖️ Why exclusion should be a last resort, plus your legal rights under the Equality Act, and why schools are legally required to look at the context behind the behaviour, plus make reasonable adjustments in the lead-up to any disciplinary action for a child with a disability.
⚖️The potential impact of children starting titration for ADHD medication and how parents can work with schools during this process to minimise the risk of exclusion.
⚖️ The steps to take when a school makes the decision to exclude, including requesting written reasons, gathering relevant documentation (e.g. a recent diagnosis), being aware of the 15 day window to submit your appeal to an Independent Review Panel (IRP), and crucially, the right to ask for a Special Educational Needs (SEN) expert to attend the panel for free. This expert provides an objective view on how your child's SEN is relevant to the exclusion and can be an incredibly useful resource that not many parents are aware of.
Whether you're battling your first exclusion or feeling exhausted by repeated challenges, this episode is a must-listen for parents or carers facing exclusion of their child from school, and is packed with practical advice as well as a reassuring look at your legal rights as part of this process.
This episode was recorded on 11th July 2025.
Further resources for free legal advice and support are available as follows:
BBC article quoted in the episode: https://www.bbc.co.uk/news/articles/c784ezdmnp4o
The School Exclusion Project - a free legal support service for parents https://www.schoolexclusionproject.com/
Just for Kids https://www.justforkidslaw.org/contact-us
The School Inclusion project - https://gardencourtchambers.co.uk/event/launch-event-the-school-inclusion-project/
Alice’s book "A Practical Guide to the Law of School Exclusions" https://www.amazon.co.uk/Practical-Guide-Relation-School-Exclusions/dp/1912687518
The first-tier tribunal offers a fast-tracked process for disability discrimination claims related to permanent exclusions https://assets.publishing.service.gov.uk/media/652f92d46b6fbf000db75872/SEND4_0423_access.pdf
The views shared in this episode are those of the guest, based on their professional expertise and/or personal experience. This content is for informational purposes only and is not a substitute for professional medical, educational, or psychological advice. Please consult a qualified professional for personalised support relevant to your individual circumstances.
