A 15-year-old child (referred to as RWU) from London who was permanently excluded from his school in January 2024 and who has since been out of full-time mainstream education is to have his case heard by the Court of Appeal on 6 February 2025. The Court of Appeal ordered an ‘urgent’ hearing due to the important issues involved.
The child’s exclusion was considered by the governing body of the school who upheld the exclusion. The Independent Review Panel quashed the exclusion, requiring the governing body to reconsider it. However, the governors again upheld the exclusion. The child (via his litigation friend) challenges the governing body of the school’s decision to uphold his permanent exclusion.
The National Referral Mechanism, a framework for identifying and referring potential victims of modern slavery and ensuring they receive the appropriate support, had decided that there are reasonable grounds to believe that the child is a victim of Child Criminal Exploitation (‘CCE’). Home Office guidance on Criminal Exploitation of Children and Vulnerable Adults explains that CCE ‘is a form of modern slavery’.
This child’s case is that there were clear indicators of CCE before his permanent exclusion from school. Since being excluded, he has been trafficked, suffered many physical injuries and his situation became much worse since being deprived of the protective environment of school. The police are worried about his safety and are carrying out an investigation into him as a potential victim of modern slavery.
Kate Ward, solicitor in our Education team, said:
This is an incredibly important case for my client who needs the permanent exclusion removed from his record given the stigma associated with it and to help him recover from a period of exploitation. The number of school exclusions has risen rapidly in recent years and a permanent exclusion can have a life altering effect on a child, as it has on my client. The potential wider public impact has been acknowledged by the Court and we understand this is the first Court of Appeal case to consider the connection between school exclusions and child criminal exploitation.
The child’s case in his application for judicial review in the Administrative Court was, in part, that the school had a duty to protect him from exploitation under Article 4 of the European Convention on Human Rights (‘ECHR’), which guarantees freedom from slavery and forced labour. Being in school is widely regarded as a protective factor for young people that keeps them safe from exploitation. However, exclusion immediately makes a child more vulnerable to exploitation. Children and young people from Black Caribbean, and Gypsy, Roma and Traveller communities and those with special educational needs are at increased risk of CCE.
The child’s mother said:
This has been an incredibly tough and emotional journey, and I truly appreciate the dedication and support of everyone who has helped my child secure the help he needs and deserves. His human rights are fundamental, and I am deeply grateful that he now has the opportunity to challenge the unjust decision made by the school.
RWU is under a Child Protection Plan and since September 2024, the collaborative effort from professionals, BLAM UK, RWU’s social worker, the police and the Youth Justice Service has helped to protect him. However, he is still not in full time education and his GCSE examinations are approaching this year. He wants to do well in his GCSEs and move onto the next stage of his education.
RWU applied for permission to appeal to the Court of Appeal. The Court has ordered a rolled-up hearing which means the question of permission will be decided at the hearing with the final hearing to follow immediately afterwards if permission is granted. This case is the first before the Court of Appeal to consider the application of the Article 4 ECHR protection duty in the context of school exclusions. This is a groundbreaking case with potentially far-reaching impact as it affects many children in the same position as RWU.
RWU’s application for permission was supported by witness evidence from Black Equity Organisation (‘BEO’) and Coram Children’s Legal Centre that set out the wider systemic issues relating to CCE and school exclusions. BEO has been granted permission to intervene on the basis that ‘the interests of justice would be served by permitting the intervention, in view of the wider issues of public interest’.
RWU is represented by Kate Ward, Tatyana Koleva and Karen May in our Education Law team. Nicola Braganza KC, Ollie Persey and Alex Temple assisted by Maya Thomas Davis of Garden Court Chambers represent.
RWU and his mother are supported by BLAM UK’s Aqsa Suleman, who also acted as a representative in the exclusion process before the school governing body and the Independent Review Panel. BLAM UK runs the School Exclusion Appeal Services for Black British Students. BLAM UK, solicitors and counsel are all part of the School Inclusion Project.
Mr Justice Fordham’s judgment in the Administrative Court in this claim can be accessed here: RWU v A Governing Body of an Academy [2024] EWHC 2828.
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