School Exclusions and Independent Review Panels in England: A Case for Urgent Rights-Based Reform

Byrne, Seamus, Alghrani, Amel and Tyfield, Deborah (2025) School Exclusions and Independent Review Panels in England: A Case for Urgent Rights-Based Reform. Child and Family Law Quarterly. ISSN 0955-4475 (In Press)

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Abstract

This paper critically examines the legal framework governing permanent school exclusions in England, highlighting its incompatibility with established children’s rights principles under both domestic and international law. Focusing on the diminished procedural safeguards introduced by the Education Act 2011 and the limitations of Independent Review Panels (IRPs), it argues that the current regime fails to deliver meaningful accountability or participatory justice for children. Drawing on original empirical data from Freedom of Information requests to 102 local authorities and surveys with parents of excluded pupils, the paper reveals significant inconsistencies in the application of legal protections and a systemic lack of enforceability. The analysis integrates doctrinal critique, theoretical engagement with children’s rights and empirical insight to demonstrate that exclusion law in England disproportionately affects children with special educational needs and racially minoritised backgrounds. The paper concludes by calling for urgent rights-based reform to ensure fairness, proportionality and child participation in school exclusion decisions.